CONSTITUTION 


OF  THE 


STATE  OF  MICHIGAN 


WITH 


SIDE  NOTES,  ANNOTATIONS  AND  INDEX 


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WASHINGTON  GARDNER,  SECRETARY  OF  STATE 


APRIL,  1895 


LANSING,  MICH. 

ROBERT  SMITH  &  CO.,  STATE  PRINTERS  AND  BINDERS 


34  2.  -T74  I 
MSS 
ISrSOT  5 

C_trv«  ,2- 


INTRODUCTORY  NOTE. 


This  publication  of  the  constitution  of  Michigan  has  been  com¬ 
pared  with  the  engrossed  copy  of  the  constitution  as  signed  by  the 
president  and  members  of  the  constitutional  convention  of  1850,  which 
is  on  file  in  the  office  of  the  secretary  of  state,  Lansing*,  and  it  is 
an  exact  reprint  of  that  document,  except  that  the  punctuation  and 
use  of  capital  letters  is  that  of  the  editor;  and  in  a  few  cases  the 
engrosser,  in  copying*,  omitted  or  added  letters,  which  errors  have 
been  corrected  in  this  publication. 

In  the  “Journal  of  the  Constitutional  Convention”  Section  6  of 
Article  IV  appears  as  follows: 

Section  6.  No  person  holding  any  office  under  the  United  States  or  this  state 
or  any  county  office,  except  notaries  public,  officers  of  the  militia,  and  officers 
elected  by  townships,  shall  be  eligible  to  or  have  a  seat  in  either  house  of  the 
legislature  ;  and  all  votes  given  for  any  such  person  shall  be  void. 

In  the  engrossed  copy  of  the  constitution  as  sigrned  by  the  presi¬ 
dent  and  members  of  the  convention  the  words  “or  this  state”  were 
omitted. 

Section  17  of  Article  V  appears  as  follows  in  the  “Journal  of  the 
Constitutional  Convention:  ” 


Section  17.  The  lieutenant  governor  and  president  of  the  senate  pro  tempore 
when  performing  the  duties  of  governor  shall  receive  the  same  compensation  as 
the  governor. 


The  word  “ governor ”  after  “lieutenant”  is  omitted  in  the  engrossed 


copy. 


Lansing ,  April  15,  1895. 


WASHINGTON  GARDNER, 

Secretary  of  State. 


749048 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/constitutionofst00mich_2 


CONSTITUTION 


OF  THE 


STATE  OF  MICHIGAN. 


TABLE  OF  CONTENTS. 


Article  I. — Boundaries. 

Article  II. — Seat  of  Government. 

Article  III. — Division  of  the  Powers  of  Government. 
Article  IV. — Legislative  Department. 

Article  V. — Executive  Department. 

Article  VI. — Judicial  Department. 

Article  VII. — Elections. 

Article  VIII. — State  Officers. 

Article  IX.— Salaries. 

‘  rTicle  X. — Counties. 


Article  XI. — Townships. 

Article  XII. — Impeachments  and  Removals  from  Office. 
Article  XIII. — Education. 

Article  XIV. — Finance  and  Taxation. 

Article  XV. — Corporations. 

Article  XVI. — Exemptions. 

Article  XVII. — Militia. 

Article  XVIII. — Miscellaneous  Provisions. 

Article  XIX. — Upper  Peninsula. 

Article  XIX-A. — Railroads. 

Article  XX. — Amendment  and  Revision  of  the  Constitution. 
Schedule. 


CONSTITUTION 


OF  THE 


STATE  OF  MICHIGAN. 


[Annotated  to  April  10,  1894.] 


The  Peopee  of  the  State  of  Michigan  do  Ordain  this 

Constitution  : 

ARTICLE  I. 

BOUNDARIES. 

The  state  of  Michigan  consists  of  and  has  jurisdiction  over 
the  territory  embraced  within  the  following  boundaries,  to  wit: 
Commencing  at  a  point  on  the  eastern  boundary  line  of  the 
state  of  Indiana,  where  a  direct  line  drawn  from  the  southern 
extremity  of  Lake  Michigan  to  the  most  northerly  cape  of 
the  Maumee  bay  shall  intersect  the  same  —  said  point  being 
the  northwest  corner  of  the  state  of  Ohio,  as  established  by 
act  of  congress,  entitled  “An  act  to  establish  the  northern 
boundary  line  of  the  state  of  Ohio,  and  to  provide  for  the 


For  opinions  bearing-  upon  the  subject  and  construction  of  the  constitution  see  Green 
v.  Graves,  1  Doug.  354;  Williams  v.  The  Mayor,  2  Mich.  560;  Root  v.  The  Mayor,  3  Mich. 
433;  People  v.  May,  3  Mich.  593;  Brown  v.  Fifield,  4  Mich.  322;  Sears  v.  Cottrell,  5  Mich. 
251;  Streeter  v.  Paton,  7  Mich.  341;  People  v.  Blodgett,  13  Mich.  127;  Van  Husan  v. 
Kanouse,  13  Mich.  308;  Bay  City  v.  State  Treasurer,  23  Mich.  499;  Kennedy  v.  Gies,  25 
Mich.  83;  Whipple  v.  Judge,  26  Mich.  342;  Attorney  General  v.  Detroit,  29  Mich.  112;  Peck 
v.  Miller,  29  Mich.  574;  Attorney  General  v.  Preston,  56  Mich.  180;  Mathias  v.  Cramer,  73 
Mich.  5;  People  v.  Eyng,  74  Mich.  579;  Grand  Rapids  Chair  Co.  v.  Runnels,  77  Mich.  104; 
Tice  v.  Bay  City,  78  Mich.  209;  Attorney  General  v.  Detroit,  78  Mich.  545;  Rhode  v. 
Phelps,  80  Mich.  598;  Smith  v.  Saginaw,  81  Mich.  123. 


Territorial 

jurisdiction.. 


8 


CONSTITUTION  OF  THE 


Art.  III. 


Seat  of  gov¬ 
ernment. 


Depart¬ 
ments  of 
government. 


admission  of  the  state  of  Michigan  into  the  union  upon  the 
conditions  therein  expressed,”  approved  June  fifteenth,  one 
thousand  eight  hundred  and  thirty-six,  thence  with  the  said 
boundary  line  of  the  state  of  Ohio  till  it  intersects  the 
boundary  line  between  the  United  States  and  Canada  in  Lake 
Erie,  thence  with  said  boundary  line  between  the  United 
States  and  Canada  through  the  Detroit  river,  Lake  Huron 
and  Lake  Superior  to  a  point  where  the  said  line  last  touches 
Lake  Superior;  thence  in  a  direct  line  through  Lake  Superior 
to  the  mouth  of  the  Montreal  river;  thence  through  the  mid¬ 
dle  of  the  main  channel  of  the  said  River  Montreal  to  the 
head  waters  thereof;  thence  in  a  direct  line  to  the  center  of 
the  channel  between  Middle  and  South  Islands  in  the  Lake 
of  the  Desert;  thence  in  a  direct  line  to  the  southern  shore  of 
Lake  Brule;  thence  along  said  southern  shore  and  down  the 
River  Brule  to  the  main  channel  of  the  Menominee  river; 
thence  down  the  center  of  the  main  channel  of  the  same  to 
the  center  of  the  most  usual  ship  channel  of  the  Green  bay 
of  Lake  Michigan;  thence  through  the  center  of  the  most 
usual  ship  channel  of  the  said  bay  to  the  middle  of  Lake 
Michigan;  thence  through  the  middle  of  Lake  Michigan  to 
the  northern  boundary  of  the  state  of  Indiana,  as  that  line 
was  established  by  the  act  of  congress  of  the  nineteenth  of 
April,  eighteen  hundred  and  sixteen;  thence  due  east  with 
the  north  boundary  line  of  the  said  state  of  Indiana  to  the 
northeast  corner  thereof;  and  thence  south  with  the  eastern 
boundary  line  of  Indiana  to  the  place  of  beginning. 

People  v.  Tyler,  7  Mich.  161. 


ARTICLE  II. 

SEAT  OF  GOVERNMENT. 

The  seat  of  government  shall  be  at  Lansing,  where  it  is 
now  established. 


ARTICLE  III. 

DIVISION  OF  THE  POWERS  OF  GOVERNMENT. 

Section  1.  The  powers  of  government  are  divided  into 
three  departments:  The  legislative,  executive  and  judicial. 


Art.  IV. 


STATE  OF  MICHIGAN. 


9 


Williams  v.  The  Mayor,  2  Mich.  560;  People  v.  Collins,  3  Mich. 

343;  Sutherland  v.  The  Governor,  29  Mich.  320;  Shumway  v.  Ben¬ 
nett,  29  Mich.  451;  State  Tax  Cases,  54  Mich.  388;  Houseman  v. 

Kent  Cir.  Judge,  58  Mich.  366;  Eocke  v.  Speed,  62  Mich.  408; 

Clay  v.  Stewart,  74  Mich.  411. 

Section  2.  No  person  belonging-  to  one  department  shall  Limitation  of 
exercise  the  powers  properly  belonging  to  another,  except  in  officers, 
the  cases  expressly  provided  in  this  constitution. 

People  v.  Collins,  3  Mich.  343;  Flint  &  F.  P.  R.  Co.  v.  Wood- 
hull,  25  Mich.  99;  Butler  v.  Supervisors  of  Saginaw,  26  Mich.  22; 

Shumway  v.  Bennett,  29  Mich.  451;  Clay  v.  Stewart,  74  Mich.  411. 


ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  is  vested  in  a  senate  and  The  legis¬ 
lature. 

house  of  representatives. 

Williams  v.  The  Mayor,  2  Mich.  560 ;  People  v.  Collins,  3 
Mich.  343 ;  People  v.  Gallagher,  4  Mich.  244  ;  Sears  v.  Cottrell,  5 
Mich.  255 ;  Shumway  v.  Bennett,  29  Mich.  460  ;  State  Tax  Cases, 

54  Mich.  396 ;  Robison  v.  Haug  and  Miner,  68  Mich.  549 ;  Bolt 
v.  Riordan,  73  Mich.  518;  Giddings  v.  Secretary  of  State,  93 
Mich.  1 ;  Senate  of  Happy  Home  Club  v.  Board  of  Supervisors, 

99  Mich.  117. 

Section  2.  The  senate  shall  consist  of  thirty-two  members,  senate. 
Senators  shall  be  elected  for  two  years  and  by  single  dis¬ 
tricts.  Such  districts  shall  be  numbered  from  one  to  thirty- 
two  inclusive,  each  of  which  shall  choose  one  senator.  No 
county  shall  be  divided  in  the  formation  of  senate  districts, 
except  such  county  shall  be  equitably  entitled  to  two  or  more 
senators. 

Giddings  v.  Blacker,  93  Mich.  1. 

( a )  Section  3.  The  house  of  representatives  shall  consist  of  House  of 
not  less  than  sixty-four  nor  more  than  one  hundred  members.  tfvesesent‘l 
Representatives  shall  be  chosen  for  two  years  and  by  single 
districts.  Each  representative  district  shall  contain,  as  nearly  Representa- 
as  may  be,  an  equal  number  of  inhabitants,  exclusive  of  per-  tne  ‘  lst,Kts‘ 
sons  of  Indian  descent  who  are  not  civilized  or  are  members 
of  any  tribe,  and  shall  consist  of  convenient  and  contiguous 
territory.  But  no  township  or  city  shall  be  divided  in  the 
formation  of  a  representative  district.  When  any  township 

(a)  As  amended  by  joint  resolution  No.  42,  laws  of  1869,  vol.  I,  p.  425;  ratified  election 
of  1870. 


10 


CONSTITUTION  OF  THE 


Art.  IV. 


Enumeration 
of  inhabitants. 


Apportion¬ 
ment  of 
senators  and 
representa¬ 
tives. 


Members  must 
be  citizens. 


Removal  va¬ 
cates  office. 


or  city  shall  contain  a  population  which  entitles  it  to  more 
than  one  representative,  then  such  township  or  city  shall 
elect  by  general  ticket  the  number  of  representatives  to 
which  it  is  entitled.  Each  county  hereafter  organized,  with 
such  territory  as  may  be  attached  thereto,  shall  be  entitled  to 
a  separate  representative  when  it  has  attained  a  population 
equal  to  a  moiety  of  the  ratio  of  representation.  In  every 
county  entitled  to  more  than  one  representative  the  board 
of  supervisors  shall  assemble  at  such  time  and  place  as  the 
legislature  shall  prescribe  and  divide  the  same  into  repre¬ 
sentative  districts,  equal  to  the  number  of  representatives  to 
which  such  county  is  entitled  by  law,  and  shall  cause  to  be 
filed  in  the  offices  of  the  secretary  of  state  and  clerk  of  such 
county  a  description  of  such  representative  districts,  specify¬ 
ing  the  number  of  each  district  and  population  thereof, 
according  to  the  last  preceding  enumeration. 

Smith  v.  Sag-inaw,  81  Mich.  123 ;  Supervisors  v.  Secretary  of 
State,  92  Mich.  638 ;  Gidding-s  v.  Secretary  of  State,  93  Mich.  1. 

(b)  Section  4.  The  legislature  shall  provide  by  law  for  an 
enumeration  of  the  inhabitants  in  the  year  eighteen  hundred 
and  fifty-four  and  every  ten  years  thereafter ;  and  at  the  first 
session  after  each  enumeration  so  made,  and  also  at  the 
first  session  after  each  enumeration  by  the  authority  of  the 
United  States,  the  legislature  shall  rearrange  the  senate 
districts  and  apportion  anew  the  representatives  among  the 
counties  and  districts,  according  to  the  number  of  inhabitants, 
exclusive  of  persons  of  Indian  descent  who  are  not  civilized 
or  are  members  of  any  tribe.  Each  apportionment  and 
the  division  into  representative  districts  by  any  board  of 
supervisors  shall  remain  unaltered  until  the  return  of  another 
enumeration. 

Attorney  Gen.  v.  Holihan,  29  Mich.  116 ;  People  v.  Bradley,  36 
Mich.  447 ;  Bay  County  v.  Bullock,  51  Mich.  546 ;  Smith  v.  Sag-i¬ 
naw,  81  Mich.  123;  Gidding-s  v.  Secretary  of  State,  93  Mich.  1. 

Section  5.  Senators  and  representatives  shall  be  citizens  of 
the  United  States  and  qualified  electors  in  the  respective 
counties  and  districts  which  they  represent.  A  removal  from 
their  respective  counties  or  districts  shall  be  deemed  a  vacation 
of  their  office. 

(b)  As  amended  by  joint  resolution  No.  42,  laws  of  1869,  vol.  I,  p.  425;  ratified  election 
of  1870. 


Art.  IV. 


STATE  OF  MICHIGAN. 


11 


Royce  v.  Goodwin,  22  Mich.  496;  Auditor  General  v.  Supervisors, 
89  Mich.  552. 

(  c)  Section  6.  No  person  holding-  any  office  under  the  United 
States  or  any  county  office,  except  notaries  public,  officers  of 
the  militia  and  officers  elected  by  townships,  shall  be  eligible 
to  or  have  a  seat  in  either  house  of  the  legislature,  and  all 
votes  given  for  any  such  person  shall  be  void. 

Section  7.  Senators  and  representatives  shall  in  all  cases, 
except  treason,  'felony,  or  breach  of  the  peace,  be  privileg-ed 
from  arrest.  They  shall  not  be  subject  to  any  civil  process 
during-  the  session  of  the  legislature,  or  for  fifteen  days  next 
before  the  commencement  and  after  the  termination  of  each 
session.  They  shall  not  be  questioned  in  any  other  place  for 
any  speech  in  either  house. 

Section  8.  A  majority  of  each  house  shall  constitute  a 
quorum  to  do  business  ;  >but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  mem¬ 
bers  in  such  manner  and  under  such  penalties  as  each  house 
may  prescribe. 

Southworth  v.  P.  &  J.  R.  Co.,  2  Mich.  287. 

Section  9.  Each  house  shall  choose  its  own  officers, 
determine  the  rules  of  its  proceeding’s,  and  judg-e  of  the 
qualifications,  elections  and  returns  of  its  members,  and  may, 
with  the  concurrence  of  two-thirds  of  all  the  members  elected, 
expel  a  member.  No  member  shall  be  expelled  a  second  time 
for  the  same  cause,  nor  for  any  cause  known  to  his  constituents 
antecedent  to  his  election  ;  the  reason  for  such  expulsion  shall 
be  entered  upon  the  journal,  with  the  names  of  the  members 
voting-  on  the  question. 

People  v.  Mahaney,  13  Mich.  481 ;  Flint  &  F.  P.  R.  Co.  v.  Wood- 
hull,  25  Mich.  99 ;  Auditor  General  v.  Supervisors,  89  Mich.  552. 

Section  10.  Each  house  shall  keep  a  journal  of  its  proceed¬ 
ing’s  and  publish  the  same,  except  such  parts  as  may  require 
secrecy.  The  yeas  and  nays  of  the  members  of  either  house, 
on  any  question,  shall  be  entered  on  the  journal  at  the 
request  of  one-fifth  of  the  members  elected.  Any  member  of 
either  house  may  dissent  from  and  protest  ag-ainst  any  act, 
proceeding-  or  resolution  which  he  may  deem  injurious  to  any 
person  or  the  public,  and  have  the  reason  of  his  dissent 
entered  on  the  journal. 


Certain 

officers 

ineligible. 


Privileges  of 
members. 


Majority  to 

constitute 

quorum. 


Powers  of 
each  house. 


Expulsion  of 
members. 


Each  house  to 
keep  journal. 


Right  of 
protest. 


(c)  See  introductory  note. 


12 


CONSTITUTION  OF  THE 


Art.  IV. 


Elections  viva 
voce. 


Vote  on  nomi¬ 
nations. 


Doors  to  be 
open — ad¬ 
journments. 


Bills. 


Bills  and 
resolutions 
to  be  p  re¬ 
sented  to 
governor. 


Proceeding's 
when  gov¬ 
ernor  disap¬ 
proves  bill. 


How  vote 
determined. 


Bill  to  be¬ 
come  law  if 
not  returned 
in  ten  days. 


May  be 
signed  in 
live  days 
after  ad¬ 
journment. 


Attorney  General  v.  Burch,  84  Mich.  408;  Attorney  General  v. 
Supervisors,  89  Mich.  552;  Common  Council  v.  Assessors,  91  Mich. 
78 ;  McPherson  v.  Secretary  of  State,  92  Mich.  377 ;  Barkworth  v. 
Tateum,  95  Mich.  314. 

Section  11.  In  all  elections  by  either  house  or  in  joint 
convention  the  votes  shall  be  given  viva  voce.  All  votes  on 
nominations  to  the  senate  shall  be  taken  by  yeas  and  nays, 
and  published  with  the  journal  of  its  proceedings. 

Section  12.  The  doors  of  each  house  shall  be  open,  unless 
the  public  welfare  requires  secrecy.  Neither  house  shall,  with¬ 
out  the  consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  where  the  legislature  may  then 
be  in  session. 

Section  13.  Bills  ma}'  originate  in  either  house  of  the 
legislature. 

Coffin  v.  Election  Commissioners,  97  Mich.  188. 

Section  14.  Every  bill  and  concurrent  resolution,  except  of 
adjournment,  passed  by  the  legislature,  shall  be  presented  to 
the  governor  before  it  becomes  a  law.  If  he  approve,  he 
shall  sign  it;  but  if  not,  he  shall  return  it  with  his  objections 
to  the  house  in  which  it  originated,  which  shall  enter  the 
objections  at  large  upon  their  journal,  and  reconsider  it.  On 
such  reconsideration  if  two-thirds  of  the  members  elected 
agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections,  to 
the  other  house,  by  which  it  shall  be  reconsidered.  If 
approved  by  two-thirds  of  the  members  elected  to  that  house, 
it  shall  become  a  law.  In  such  case,  the  vote  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
members  voting  for  and  against  the  bill  shall  be  entered  on 
the  journals  of  each  house  respectively.  If  any  bill  be  not 
returned  by  the  governor  within  ten  days,  Sundays  excepted, 
after  it  has  been  presented  to  him,  the  same  shall  become  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  legis¬ 
lature,  by  their  adjournment,  prevent  its  return,  in  which  case 
it  shall  not  become  a  law.  The  governor  may  approve,  sign, 
and  tile  in  the  office  of  the  secretar}’  of  state,  within  five  davs 
after  the  adjournment  of  the  legislature,  any  act  passed  during 
the  last  five  days  of  the  session,  and  the  same  shall  become  a 
law. 

Rhode  v.  Phelps,  80  Mich.  598;  Attorney  General  v.  Burch,  84 
Mich.  408. 


Art.  IV. 


STATE  OF  MICHIGAN. 


13 


(d)  Section  15.  The  compensation  of  the  members  of  the  compen¬ 
sation  of 

legislature  shall  be  three  dollars  per  day  for  actual  attendance  members. 

and  when  absent  on  account  of  sickness,  but  the  legislature 

may  allow  extra  compensation  to  the  members  from  the  terri-  <?f  members 

J  A  from  upper 

tory  of  the  upper  peninsula,  not  exceeding  two  dollars  per  peninsula. 

day  during  a  session.  When  convened  in  extra  session,  their  when  in  extra 

compensation  shall  be  three  dollars  a  day  for  the  first  twenty 

days  and  nothing  thereafter;  and  they  shall  legislate  on  no 

other  subjects  than  those  expressly  stated  in  the  governor’s 

proclamation,  or  submitted  to  them  by  special  message.  They 

shall  be  entitled  to  ten  cents  and  no  more  for  every  mile  Miieag-e. 

actually  traveled,  in  going  to  and  returning  from  the  place 

of  meeting,  on  the  usually  traveled  route,  and  for  stationery  stationery. 

and  newspapers  not  exceeding  five  dollars  for  each  member 

during  any  session.  Each  member  shall  be  entitled  to  one  Laws,  jour- 

°  J  '  nals,  docu- 

copy  of  the  laws,  journals  and  documents  of  the  legislature  ments* 
of  which  he  was  a  member,  but  shall  not  receive,  at  the 
expense  of  the  state,  books,  newspapers  or  other  perquisites 
of  office  not  expressly  authorized  by  this  constitution. 

People  v.  Whittemore,  State  Treasurer,  2  Mich.  306. 

Section  16.  The  legislature  may  provide  by  law  for  the  postag-e. 

payment  of  postage  on  all  mailable  matter  received  by  its 

members  and  officers  during  the  sessions  of  the  legislature, 

but  not  on  any  sent  or  mailed  by  them. 

Section  17.  The  president  of  the  senate  and  the  speaker  compen¬ 
sation  of 

of  the  house  of  representatives  shall  be  entitled  to  the  same  president 

and  speaker. 

per  diem  compensation  and  mileage  as  members  of  the 
legislature,  and  no  more. 

People  v.  Whittemore,  State  Treasurer,  2  Mich.  306. 

Section  18.  No  person  elected  a  member  of  the  legislature  No  member 

.  .  .  .  ...  to  receive 

shall  receive  any  civil  appointment  within  this  state,  or  to  civil  ap¬ 
pointment; 

the  senate  of  the  United  States,  from  the  governor,  the 
governor  and  senate,  from  the  legislature,  or  any  other 
state  authority,  during  the  term  for  which  he  is  elected.  All 
such  appointments  and  all  votes  given  for  any  person  so  °gtg| SJJcon- 
elected  for  any  such  office  or  appointment  shall  be  void.  No  st!te.wlth  the 
member  of  the  legislature  shall  be  interested,  directly  or 
indirectly,  in  any  contract  with  the  state  or  any  county 


(d)  As  amended  by  joint  resolution  No.  18,  laws  of  1859,  p.  1105;  ratified  election  of  1860. 


14 


CONSTITUTION  OF  THE 


Art.  IV. 


Bills  and  join 
resolutions  to 
be  read  three 
times. 


Ayes  and 
nays  on  final 
passage. 


Law  to  em¬ 
brace  but  one 
object. 

When  to 
take  effect. 


thereof,  authorized  by  any  law  passed  during-  the  time  for 
which  he  is  elected,  nor  for  one  year  thereafter. 

People  v.  Hurlbut,  24  Mich.  44;  Attorney  General  v.  Lennon,  86 
Mich.  468. 

Section  19.  Every  bill  and  joint  resolution  shall  be  read 
three  times  in  each  house  before  the  final  passage  thereof. 
No  bill  or  joint  resolution  shall  become  a  law  without  the 
concurrence  of  a  majority  of  all  the  members  elected  to  each 
house.  On  the  final  passage  of  all  bills  the  vote  shall  be  by 
ayes  and  nays  and  entered  on  the  journal. 

Hart  v.  McElroy,  72  Mich.  453;  Toll  v.  Jerome,  59  N.  W.  R.  816. 

Section  20.  No  law  shall  embrace  more  than  one  object, 
which  shall  be  expressed  in  its  title.  No  public  act  shall 
take  effect  or  be  in  force  until  the  expiration  of  ninety  days 
from  the  end  of  the  session  at  which  the  same  is  passed, 
unless  the  legislature  shall  otherwise  direct,  by  a  two-thirds 
vote  of  the  members  elected  to  each  house. 

People  v.  Collins,  3  Mich.  343;  Rice  v.  Ruddiman,  10  Mich.  125; 
Carlton  v.  People,  10  Mich.  250;  People  v.  Mahaney,  13  Mich.  481; 
Price  v.  Hopkins,  13  Mich.  318;  Inkster  v.  Carver,  16  Mich.  488; 
Ryerson  v.  Utley,  16  Mich.  269;  People  v.  Onondaga,  16  Mich.  254; 
People  v.  State  Insurance  Co.,  19  Mich.  398;  East  Saginaw  Man¬ 
ufacturing  Co.  v.  East  Saginaw,  19  Mich.  295;  People  v.  Denahy, 
20  Mich.  349;  Harrington  v.  Wands,  23  Mich.  388;  Swartwout  v. 
Michigan  Air  Eine  R.  R.  Co.,  24  Mich.  398;  People  v.  Hurlbut,  24 
Mich.  44;  Insurance  Co.  v.  Treasurer,  31  Mich.  6;  Kurtz  v.  People, 
33  Mich.  282;  Auditor  General  v.  Monroe,  36  Mich.  70;  People  v. 
Bradley,  36  Mich.  447;  Stewart  v.  Father  Matthew  Society,  41  Mich. 
67;  Stewart  v.  Riopelle,  48  Mich.  177;  Rogers  v.  Windoes,  48  Mich. 
628;  Anderson  v.  Hill,  54  Mich.  485;  Attorney  General  v.  Joy,  55 
Mich.  94;  McKellar  v.  Detroit,  57  Mich.  159;  Thomas  v.  Collins, 
58  Mich.  64:  Bissel  v.  Wayne  Probate  Judge,  58  Mich.  237;  N.  W. 
Mfg.  Co.  v.  Circuit  Judge,  58  Mich.  381;  Attorney  General  v. 
Weimer,  59  Mich.  580;  Callaghan  v.  Chipman,  59  Mich.  610;  Peo¬ 
ple  v.  Beadle,  60  Mich.  22;  Attorney  General  v.  Amos,  60  Mich. 
372;  People  v.  Gadway,  61  Mich.  285;  Skinner  v.  Wilhelm,  63  Mich. 
568;  Detroit  v.  Wabash,  St.  L.  &  Pacific  Ry.  Co.,  63  Mich.  712; 
Church  v.  Detroit,  64  Mich.  571;  Nester  v.  Busch,  64  Mich.  657; 
Wilcox  v.  Paddock,  65  Mich.  23;  Hargrave  v.  Weber,  66  Mich.  59; 
Boyce  v.  Sebring,  66  Mich.  210;  Tolford  v.  Church,  66  Mich.  431; 
People  v.  Pond,  67  Mich.  98;  People  v.  Gobles,  67  Mich.  475;  People 
v.  Kirsch,  67  Mich.  539;  Supervisors  of  Sanilac  County  v.  Auditor 
General,  68  Mich.  659;  Robinson  v.  Haug  and  Miner,  68  Mich.  549; 
Hall  v.  Slaybaugh,  69  Mich.  484;  Gillett  v.  McLaughlin,  69  Mich. 
547;  Flower  v.  Whitkovsky,  69  Mich.  371;  People  v.  Phippin,  70 
Mich.  6;  Ellis  v.  Hutchinson,  70  Mich.  154;  Hartford  Insurance 
Co.  v.  Commissioner  of  Insurance,  70  Mich.  485;  in  rc  Hauck  (local 


Art.  IV. 


STATE  OF  MICHIGAN. 


15 


option  law),  70  Mich.  396;  Attorney  General  v.  Supervisors  of 
Sanilac  County  (taxation  of  mortgages),  71  Mich.  16;  Plummer  v. 

Kennedy,  72  Mich.  301;  Hart  v.  McElroy,  72  Mich.  446;  People  v. 

Howard,  73  Mich.  13;  Clinton  v.  Eansing,  73  Mich.  287;  Isle  Royal, 
etc.,  cor.  v.  Osmun,  76  Mich.  162;  Brooks  v.  Hydorn,  76  Mich.  273; 

Eaton  v.  Walker,  76  Mich.  579;  People  v.  Congdon,  77  Mich.  351; 

Tice  v.  Bay  City,  78  Mich.  209;  Jenking  v.  Osmun,  79  Mich.  305; 

Stow  v.  Grand  Rapids,  79  Mich.  595;  Auditor  General  v.  Eake 
George  &  M.  R.  R.  Co.,  82  Mich.  426;  Fort  St.  Union  Depot  Co.  v. 

Morton,  83  Mich.  265;  Auditor  General  v.  Stiles,  83  Mich.  460; 

Ripley  v.  Evans  (corporation),  87  Mich.  218;  People  v.  Miller,  88 
Mich.  385;  Hall  v.  Burlingame,  88  Mich.  438;  Davis  v.  Supervisors, 

89  Mich.  295;  People  v.  Slack,  90  Mich.’  448;  Frary  v.  Township, 

91  Mich.  666;  McPherson  v.  Secretary  of  State,  92  Mich.  377;  Grand 
Rapids  v.  Judge,  93  Mich.  469;  Van  Husan  v.  Heames,  96  Mich.  504; 

Bissell  v.  Heath,  98  Mich.  472;  People  v.  Brooks,  59  N.  W.  R.  444; 

Toll  v.  Jerome,  59  N.  W.  R.  816. 

Section  21.  The  legislature  shall  not  grant  nor  authorize  Extra  com- 
extra  compensation  to  any  public  officer,  agent  or  contractor,  forbidden, 
after  the  service  has  been  rendered  or  the  contract  entered 
into. 

Section  22.  The  legislature  shall  provide  by  law  that  the  Fuel?  sta_ 
furnishing*  of  fuel  and  stationery  for  the  use  of  the  state,  pSItin^,  etc., 
the  printing*  and  binding*  the  laws  and  journals,  all  blanks,  conteract.b> 
paper  and  printing*  for  the  executive  departments,  and  all 
other  printing*  ordered  by  the  legislature,  shall  be  let  by  con¬ 
tract  to  the  lowest  bidder  or  bidders,  who  shall  give  adequate 
and  satisfactory  security  for  the  performance  thereof.  The 
legislature  shall  prescribe  by  law  the  manner  in  which  the 
state  printing*  shall  be  executed,  and  the  accounts  rendered 
therefor  ;  and  shall  prohibit  all  charges  for  constructive  labor. 

They  shall  not  rescind  nor  alter  such  contract,  nor  release  of  contracts, 
the  person  or  persons  taking*  the  same,  or  his  or  their  sureties, 
from  the  performance  of  any  of  the  conditions  of  the  contract. 

No  member  of  the  legislature  nor  officer  of  the  state  shall 
be  interested  directly  or  indirectly  in  any  such  contract. 

Ayers  v.  State  Auditors,  42  Mich.  422. 

Section  23.  The  legislature  shall  not  authorize,  by  private  sale  of  real 
or  special  law,  the  sale  or  conveyance  of  any  real  estate  ting-  roads,4 
belonging  to  any  person ;  nor  vacate  nor  alter  any  road  laid 
out  by  commissioners  of  highways,  or  any  street  in  any  city 
or  village,  or  in  any  recorded  town  plat. 

Joy  v.  J.  &  M.  P.  R.  Co.,  11  Mich.  155;  People  v.  Supervisors 
of  Ingham,  20  Mich.  95 ;  Davies  v.  Supervisors,  89  Mich.  295. 


If, 


CONSTITUTION  OF  THE 


Art.  IV. 


Chaplain  for 
state  prison. 

Religious 
services  in 
either  house. 


Altering"  or 
a  mending- 
laws. 


Divorces. 


Lotteries. 


Introduction 
of  bills. 


Contested 

elections. 


Ineligibility 
of  certain 

person*. 


Private 

claims. 


Section  24.  The  legislature  may  authorize  the  employment 
of  a  chaplain  for  the  state  prison ;  but  no  money  shall  be 
appropriated  for  the  payment  of  any  religious  services  in 
either  house  of  the  legislature. 

Section  25.  No  law  shall  be  revised,  altered  or  amended  by 
reference  to  its  title  only ;  but  the  act  revised  and  the  section 
or  sections  of  the  act  altered  or  amended  shall  be  re-enacted 
and  published  at  length. 

People  v.  Mahaney,  13  Mich.  497 ;  Underwood  v.  McDuffee,  15 
Mich.  361 ;  Jones  vt  Commissioners,  21  Mich.  236 ;  Harrington  v. 
Wands,  23  Mich.  385;  Swartwout  v.  Michigan  Air  Eine  R.  R.  Co., 
24  Mich.  399;  Mok  v.  Detroit  B.  &  S.  Association,  30  Mich.  511; 
Comstock  v.  Judge,  39  Mich.  195;  Gordon  v.  People,  44  Mich.  485; 
Ripley  v.  Evans  (corporation),  87  Mich.  218;  Attorney  General  v. 
Parsell,  99  Mich.  381. 

Section  26.  Divorces  shall  not  be  granted  by  the  legis¬ 
lature. 

Teft  v.  Teft,  3  Mich.  67. 

Section  27.  The  legislature  shall  not  authorize  any  lottery 
nor  permit  the  sale  of  lottery  tickets. 

People  v.  Reilly,  50  Mich.  384. 

( e  )  Section  28.  No  new  bill  shall  be  introduced  into  either 
house  of  the  legislature  after  the  first  fifty  days  of  a  session 
shall  have  expired. 

Pack  v.  Barton,  47  Mich.  520 ;  Callaghan  v.  Chipman,  59  Mich. 
613 ;  Attorney  General  v.  Amos,  60  Mich.  373 ;  Hart  v.  McElroy, 
72  Mich.  453 ;  Sackrider  v.  Supervisors,  79  Mich.  59 ;  Attorney 
General  v.  Plank  Road  Co.,  97  Mich.  589;  Toll  v.  Jerome,  59  N. 
W.  R.  816. 

Section  29.  In  case  of  a  contested  election,  the  person  only 
shall  receive  from  the  state  per  diem  compensation  and 
mileage  who  is  declared  to  be  entitled  to  a  seat  by  the  house 
in  which  the  contest  takes  place. 

Section  30.  No  collector,  holder  nor  disburser  of  public 
moneys  shall  have  a  seat  in  the  legislature,  or  be  eligible  to 
any  office  of  trust  or  profit  under  this  state,  until  he  shall  have 
accounted  for  and  paid  over,  as  provided  by  law,  all  sums  for 
which  he  may  be  liable. 

Section  31.  The  legislature  shall  not  audit  nor  allow  any 
private  claim  or  account. 


(e)  As  amended  by  joint  resolution  No.  18,  laws  of  1859,  p.  1105;  ratified  election  of 
I860. 


Art.  IV. 


STATE  OF  MICHIGAN. 


17 


People  v.  Onondaga,  16  Mich.  254;  Bristol  v.  Johnson,  34  Mich.  123. 

Section  32.  The  legislature,  on  the  day  of  final  adjourn¬ 
ment,  shall  adjourn  at  twelve  o’clock  at  noon. 

(  f )  Section  33.  The  legislature  shall  meet  at  the  seat  of 
government  on  the  first  Wednesday  in  January,  in  the  year  one 
thousand  eight  hundred  and  sixty-one,  and  on  the  first 
Wednesday  of  January  in  every  second  year  thereafter,  and 
at  no  other  place  or  time,  unless  as  provided  in  the  constitu¬ 
tion  of  the  state,  and  shall  adjourn  without  day  at  such  time 
as  the  legislature  shall  fix  by  concurrent  resolution. 

Section  34.  The  election  of  senators  and  representatives, 
pursuant  to  the  provisions  of  this  constitution,  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  of  November,  in 
the  year  one  thousand  eight  hundred  and  fifty-two,  and  on 
the  Tuesday  succeeding  the  first  Monday  of  November  of 
every  second  year  thereafter. 

Section  35.  The  legislature  shall  not  establish  a  state  paper. 
Every  newspaper  in  the  state  which  shall  publish  all  the 
general  laws  of  any  session  within  forty  days  of  their  passage 
shall  be  entitled  to  receive  a  sum  not  exceeding  fifteen  dollars 
therefor. 

Section  36.  The  legislature  shall  provide  for  the  speedy 
publication  of  all  statute  laws  of  a  public  nature,  and  of 
such  judicial  decisions  as  it  may  deem  expedient.  All  laws 
and  judicial  decisions  shall  be  free  for  publication  by  any 
person. 

Ayers  v.  State  Auditors,  42  Mich.  422;  Matter  of  Head  Notes, 
43  Mich.  643. 

Section  37.  The  legislature  may  declare  the  cases  in  which 
any  office  shall  be  deemed  vacant,  and  also  the  manner  of 
filling  the  vacancy,  where  no  provision  is  made  for  that 
purpose  in  this  constitution. 

Keeler  v.  Robertson,  27  Mich.  116;  Attorney  General  v.  Burch, 
84  Mich.  408;  Attorney  General  v.  Trombly,  89  Mich.  50. 

Section  38.  The  legislature  may  confer  upon  organized 
townships,  incorporated  cities  and  villages,  and  upon  the  board 
of  supervisors  of  the  several  counties,  such  powers  of  a  local, 
legislative  and  administrative  character  as  they  may  deem 
proper. 

(f )  As  amended  by  joint  resolution  No.  18,  laws  of  1859,  p.  1105;  ratified  election  of  1860. 

3 


Hour  of  ad¬ 
journment. 


Meeting  of 
legislature. 


Election  of 
senators 
and  repre¬ 
sentatives. 


State  paper. 


Compensa¬ 
tion  for  pub¬ 
lishing-  laws. 


Publication 
of  statutes 
and  decisions. 


Vacancies. 


Local 

legislation. 


Art.  IV. 


18  CONSTITUTION  OF  THE 

People  v.  Collins,  3  Mich.  343;  People  v.  Mahaney,  13  Mich.  481; 
Detroit  v.  Blackeby,  21  Mich.  84;  People  v.  Hurlbut,  24  Mich.  84; 
Attorney  General  v.  Lothrop,  24  Mich.  235;  Park  Commissioners 
v.  Detroit,  28  Mich.  228;  Attorney  General  v.  Detroit,  29  Mich. 
108;  Shumway  v.  Bennett,  29  Mich.  451;  Torrent  v.  Common 

Council  Muskeg-on,  47  Mich.  115;  Attorney  General  v.  Marr,  55 
Mich.  450;  Met.  Police  Board  v.  Wayne  County,  68  Mich.  576;  Bolt 

v.  Riordan,  73  Mich.  508;  People  v.  Hanrahan,  75  Mich.  616; 

Port  Huron  v.  Jenkinson,  77  Mich.  414;  Holden  v.  Board  of 

Supervisors,  77  Mich.  202;  Commissioners  v.  Common  Council  of 
Detroit,  80  Mich.  663;  Smith  v.  Saginaw,  81  Mich.  123;  Alderton 
v.  Binder,  Pistorius  v.  Stempel,  81  Mich.  133;  Feek  v.  Blooming- 
dale,  82  Mich.  393;  Friesner  v.  Common  Council,  91  Mich.  504; 
Speed  v.  Common  Council,  97  Mich.  197,  98  Mich.  360. 


Religious 

liberty. 


Appropria¬ 
tion  for  re¬ 
ligious 
purposes 
forbidden. 


Rights  of 
opinion. 


Section  39.  The  legislature  shall  pass  no  law  to  prevent 
any  person  from  worshiping  Almighty  God  according  to  the  dic¬ 
tates  of  his  own  conscience,  or  to  compel  any  person  to  attend, 
terect,  or  support  any  place  of  religious  worship,  or  to  pay 
tithes,  taxes  or  other  rates  for  the  support  of  any  minister  of 
the  gospel  or  teacher  of  religion. 

Section  40.  No  money  shall  be  appropriated  or  drawn  from 
the  treasury  for  the  benefit  of  any  religious  sect  or  society, 
theological  or  religious  seminary!  nor  shall  property  belonging 
to  the  state  be  appropriated  for  any  such  purposes. 

Section  41.  The  legislature  shall  not  diminish  or  enlarge 
the  civil  or  political  rights,  privileges  and  capacities  of  any 
person  on  account  of  his  opinion  or  belief  concerning  matters 
of  religion. 

People  v.  Hurlbut,  24  Mich.  92;  Frazee’s  case,  63  Mich.  3%. 


Liberty  of  Section  42.  No  law  shall  ever  be  passed  to  restrain  or 

speech  and 

press.  abridge  the  liberty  of  speech  or  of  the  press;  but  every  person 

may  freely  speak,  write  and  publish  his  sentiments  on  all  sub¬ 
jects,  being  responsible  for  the  abuse  of  such  right. 

Park  v.  Free  Press  Co.,  72  Mich.  560. 

Attainder,  Section  43.  The  legislature  shall  pass  no  bill  of  attainder, 
cx  post  facto  law,  or  law  impairing  the  obligation  of  contracts. 

Scott  v.  Smart’s  Ex.,  1  Mich.  295;  Mundy  v.  Monroe,  1  Mich. 
68;  Cargill  v.  Power,  1  Mich.  369;  Crane  v.  Hardy,  1  Mich.  56; 
People  v.  Hawley,  3  Mich.  330;  People  v.  Jackson  and  M.  P.  R. 
Co.,  9  Mich.  285;  People  v.  East  Saginaw  Salt  Co.,  9  Mich.  327; 
Blackwood  v.  VanVleet,  11  Mich.  252;  Crippin  v.  Morrison,  13 
Mich.  23;  East  Saginaw  Mfg.  Co.  v.  East  Saginaw,  19  Mich.  259; 
Newton  v.  McKay,  30  Mich.  380;  Detroit  v.  D.  &  H.  P.  R.  Co.,  43 
Mich.  143;  Head  notes,  43  Mich.  644;  Guild  v.  Kidd,  48  Mich.  307; 


Art.  IV. 


STATE  OF  MICHIGAN. 


19 


Daniels  v.  Watertown  Tp.,  61  Mich.  514;  Hall  v.  Perry,  72  Mich. 
205;  Bourgette  v.  Williams,  73  Mich.  211;  Mason  v.  Perkins,  73 
Mich.  303;  People  v.  Dane,  81  Mich.  36;  Bradley  v.  Tittabawassee 
Boom  Co.,  82  Mich.  9;  Common  Council  v.  Assessors,  91  Mich.  78; 
in  re  Canfield,  98  Mich.  644;  Mich.  State  Bank  v.  Hastings,  1 
Doug.  225;  Willard  v.  Eongstreet,  2  Doug.  172;  Joy  v.  Thompson, 
1  Doug.  373;  Bronson  v.  Newberry,  2  Doug.  38;  Rockwell  v. 
Hubbell’s  Ad’s,  2  Doug.  197. 

Section  44.  The  privilege  of  the  writ  of  habeas  corpus 
remains  and  shall  not  be  suspended  by  the  legislature,  except 
in  case  of  rebellion  or  invasion  the  public  safety  require  it. 

McBride  v.  Grand  Rapids,  32  Mich.  360. 

Section  45.  The  assent  of  two-thirds  of  the  members  elected 
to  each  house  of  the  legislature  shall  be  requisite  to  every 
bill  appropriating  the  public  money  or  property  for  local  or 
private  purposes. 

McRae  v.  Commissioner,  89  Mich.  463. 

Section  46.  The  legislature  may  authorize  a  trial  by  a  jury 
of  a  less  number  than  twelve  men. 

McRae  v.  Railroad  Co.,  93  Mich.  399. 

O)  Section  47. — 

Westinghausen  v.  People,  44  Mich.  265;  People  v.  Walling,  53 
Mich.  267. 

Section  48.  The  style  of  the  laws  shall  be,  “The  People  of 
the  State  of  Michigan  enact.” 

(h)  Section  49.  The  legislature  may  provide  for  the  laying 
out,  construction  and  maintenance  of  county  and  township 
roads,  and  may  provide  that  any  road  heretofore  laid  out  shall 
be  a  county  or  township  road.  County  roads  may  be  main¬ 
tained  at  the  expense  of  the  county,  and  township  roads  at  the 
expense  of  the  township.  County  roads  shall  be  under  the 
control  of  a  board  of  commissioners  not  to  exceed  five  in 
number  who  shall  be  elected  by  the  people,  the  number  of 
said  commissioners  to  be  fixed  by  the  board  of  supervisors  of 
the  county.  For  the  construction  and  maintenance  of  county 
roads  the  commissioners  may  provide  for  an  annual  tax  not 
exceeding  two  dollars  upon  each  one  thousand  dollars  of  the 
assessment  roll  of  the  county  for  the  preceding  year.  No 

(g)  By  amendment  proposed  by  the  legislature  of  1875,  joint  resolution  No.  21,  and 
approved  by  the  people  at  the  November  election  of  1876,  section  47,  article  IV,  was 
stricken  out.  It  prohibited  the  license  of  the  sale  of  intoxicating  liquors. 

(h)  As  amended  by  joint  resolution  No.  11,  public  acts  1893;  ratified  April  election,  1893. 


Habeas 

corpus. 


Bills  appro¬ 
priating 
money. 


Trial  by  jury. 


Style  of  laws. 


County  and 

township 

roads. 


20 


CONSTITUTION  OF  THE 


Art.  V. 


Indebtedness. 


Governor. 

Lieutenant 

governor. 


Eligibility. 


How  elected. 


count}"  shall  incur  any  indebtedness  or  issue  any  bonds  for 
the  construction  or  maintenance  of  county  roads,  except  upon 
a  vote  of  two-thirds  of  all  the  supervisors  elected,  and  then  to 
be  approved  by  a  majority  vote  at  any  general  or  special 
election ;  nor  shall  any  such  indebtedness  at  any  time  exceed 
three  per  cent  of  the  valuation  of  the  county  upon  the  last 
preceding  assessment  roll.  The  legislature  may  modify, 
change  or  repeal  the  powers  and  duties  of  the  township 
commissioner  of  highways  and  overseer  of  highways.  The 
legislature  may  pass  all  necessary  laws  to  carry  this  amend¬ 
ment  into  effect:  Provided ,  That  any  act  or  acts  passed  by 
the  legislature  to  carry  this  amendment  into  effect  shall 
provide  for  a  county  and  township  system,  and  the  county 
system  shall  become  operative  only  in  such  counties  as  shall 
adopt  it  by  a  majority  vote  of  the  electors  of  said  county, 
after  the  said  question  has  been  submitted  to  them  by  a  two- 
thirds  vote  of  all  the  members  elect  of  the  board  of  super¬ 
visors  of  such  county,  at  a  general  or  special  election  called 
for  that  purpose. 

ARTICLE  V. 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  executive  power  is  vested  in  a  governor 
who  shall  hold  his  office  for  two  years.  A  lieutenant 
governor  shall  be  chosen  for  the  same  term. 

Amber  v.  Auditor  General,  38  Mich.  746;  Southerland  v.  The 
Governor,  39  Mich.  320. 

Section  2.  No  person  shall  be  eligible  to  the  office  of 
governor  or  lieutenant  governor,  who  has  not  been  five  years 
a  citizen  of  the  United  States  and  a  resident  of  this  state 
two  years  next  preceding  his  election;  nor  shall  any  person  be 
eligible  to  either  office  who  has  not  attained  the  age  of  thirty 
years. 

Section  3.  The  governor  and  lieutenant  governor  shall  be 
elected  at  the  times  and  places  of  choosing  the  members  of 
the  legislature.  The  person  having  the  highest  number  of 
votes  for  governor  or  lieutenant  governor  shall  be  elected. 
In  case  two  or  more  persons  shall  have  an  equal  and  the 
highest  number  of  votes  for  governor  or  lieutenant  governor, 
the  legislature  shall,  by  joint  vote,  choose  one  of  such 
persons. 


Art.  V. 


STATE  OF  MICHIGAN. 


21 


Section  4.  The  governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces,  and  may  call  out  such  forces  to 
execute  the  laws,  to  suppress  insurrections  and  to  repel 
invasions. 

Section  5.  He  shall  transact  all  necessary  business  with 
officers  of  government,  and  may  require  information  in 
writing  from  the  officers  of  the  executive  department  upon 
any  subject  relating  to  the  duties  of  their  respective  offices. 

Section  6. 
executed. 


7. 


Section 
occasions. 

Section  8. 
of  his  official 


He  shall  take  care  that  the  laws  be  faithfully 
He  may  convene  the  legislature  on  extraordinary 


He  shall  give  to  the  legislature,  and  at  the  close 
term,  to  the  next  legislature,  information  by 
message  of  the  condition  of  the  state,  and  recommend  such 
measures  to  them  as  he  shall  deem  expedient. 

Section  9.  He  may  convene  the  legislature  at  some  other 
place  when  the  seat  of  government  becomes  dangerous  from 
disease  or  a  common  enemy. 

Section  10.  He  shall  issue  writs  of  election  to  fill  such 
vacancies  as  occur  in  the  senate  or  house  of  representatives. 

Section  11.  He  may  grant  reprieves,  commutations  and  par¬ 
dons  after  convictions,  for  all  offenses  except  treason  and  cases 
of  impeachment,  upon  such  conditions,  and  with  such  restric¬ 
tions  and  limitations,  as  he  may  think  proper,  subject  to 
regulations  provided  by  law,  relative  to  the  manner  of 
applying  for  pardons.  Upon  conviction  for  treason,  he  may 
suspend  the  execution  of  the  sentence  until  the  case  shall  be 
reported  to  the  legislature  at  its  next  session,  when  the 
legislature  shall  either  pardon,  or  commute  the  sentence,  direct 
the  execution  of  the  sentence,  or  grant  a  further  reprieve. 
He  shall  communicate  to  the  legislature  at  each  session 
information  of  each  case  of  reprieve,  commutation  or  pardon 
granted,  and  the  reasons  therefor. 

People  v.  Moore,  62  Mich.  496;  People  v.  Cummings,  88  Mich.  249. 


Power  of  gov¬ 
ernor. 


Executive 

business. 


Execution  of 
laws. 


Extra  session. 


Messages. 


When  session 
may  be  held 
elsewhere. 


Writs  of  elec¬ 
tion. 


Reprieves 
and  pardons. 


In  case  of 
treason. 


Section  12.  In  case  of  the  impeachment  of  the  governor,  his  in  case  of 

vacancy, 

removal  from  office,  death,  inability,  resignation,  or  absence  absence,  etc. 
from  the  state,  the  powers  and  duties  of  the  office  shall 
devolve  upon  the  lieutenant  governor,  for  the  residue  of  the 
term,  or  until  the  disability  ceases.  When  the  governor  shall 


CONSTITUTION  OF  THE 


Art.  VI. 


Who  to  act  as 
governor. 


President  of 
senate. 


Ineligibility 
of  certain 
persons. 


Ineligible  to 
office. 


Compensa¬ 

tion. 


Great  seal. 


be  out  of  the  state  in  time  of  war,  at  the  head  of  a  military 
force  thereof,  he  shall  continue  commander-in-chief  of  all  the 
military  force  of  the  state. 

Section  13.  During-  a  vacancy  in  the  office  of  g-overnor,  if 
the  lieutenant  g-overnor  die,  resign,  or  be  impeached,  displaced, 
be  incapable  of  performing-  the  duties  of  his  office,  or  absent 
from  the  state,  the  president  pro  tempore  of  the  senate  shall 
act  as  g-overnor  until  the  vacancy  be  filled  or  the  disability 
cease. 

Section  14.  The  lieutenant  g-overnor  shall,  by  virtue  of  his 
office,  be  president  of  the  senate.  In  committee  of  the  whole 
he  may  debate  all  questions ;  and  when  there  is  an  equal 
division,  he  shall  g"ive  the  casting-  vote. 

Section  15.  No  member  of  congress,  nor  any  person  holding- 
office  under  the  United  States,  or  this  state,  shall  execute  the 
office  of  g-overnor. 

Section  16.  No  person  elected  g-overnor  or  lieutenant  g-ov¬ 
ernor  shall  be  eligible  to  any  office  or  appointment  from  the 
legislature,  or  either  house  thereof,  during-  the  time  for  which 
he  was  elected.  All  votes  for  either  of  them  for  any  such 
office  shall  be  void. 

( i )  Section  17.  The  lieutenant  and  president  of  the  senate 
pro  tempore ,  when  performing-  the  duties  of  g-overnor,  shall 
receive  the  same  compensation  as  the  g-overnor. 

Section  18.  All  official  acts  of  the  g-overnor,  his  approval 
of  the  laws  excepted,  shall  be  authenticated  by  the  g-reat  seal 
of  the  state,  which  shall  be  kept  by  the  secretary  of  state. 


Attorney  General  v.  Jochim,  99  Mich.  358. 


commissions:  Section  19.  All  commissions  issued  to  persons  holding-  office 

now  issued.  A  ° 

under  the  provisions  of  this  constitution  shall  be  in  the  name 
and  by  the  authority  of  the  people  of  the  state  of  Michig-an, 
sealed  with  the  great  seal  of  the  state,  signed  by  the  g-overnor, 
and  countersigned  by  the  secretary  of  state. 


ARTICLE  VI. 

JUDICIAL  DEPARTMENT. 

Judicial  Section  1.  The  judicial  power  is  vested  in  one  supreme 

power.  ,  .  ,  x 

court,  in  circuit  courts,  in  probate  courts  and  in  justices  of 


I)  See  introductory  note. 


Art.  VI. 


STATE  OF  MICHIGAN. 


23 


the  peace.  Municipal  courts  of  civil  and  criminal  jurisdiction 
may  be  established  by  the  legislature  in  cities. 

People  v.  Auditor  General,  5  Mich.  193;  Chandler  v.  Nash,  5 
Mich.  409;  Daniels  v.  People,  6  Mich.  381;  Streeter  v.  Paton,  7 
Mich.  341;  Underwood  v.  McDuffee,  15  Mich.  361;  Royce  v.  Good¬ 
win,  22  Mich.  320;  Rowe  v.  Rowe,  28  Mich.  353;  Southerland  v. 

The  Governor,  29  Mich.  499;  Jones  v.  Judge,  etc.,  35  Mich.  494; 

Covell  v.  Treasurer  Kent  Co.,  36  Mich.  322;  Heath  v.  Judge,  37 
Mich.  372;  Allen  v.  Judge,  etc.,  37  Mich.  474;  G.  R.  N.  &  E-  S. 

R.  Co.  v.  Gray,  38  Mich.  461;  Burger’s  case,  39  Mich.  203;  Shur- 
bun  v.  Hooper,  40  Mich.  503;  Douveille  v.  Manistee  Sup.,  40  Mich. 

585;  People  v.  Hurst,  41  Mich.  328;  Allor  v.  Auditors  Wayne  Co., 

43  Mich.  76;  Elliott  v.  Farwell,  44  Mich.  186:  People  v.  Gallagher, 

75  Mich.  512;  Perrott  v.  Pierce,  75  Mich.  578;  People  v.  Cummings, 

88  Mich.  249;  Bissell  v.  Heath,  98  Mich.  472. 

( j  )  Section  2.  For  the  term  of  six  years  and  thereafter  until  supreme 
the  legislature  otherwise  provide,  the  judges  of  the  several  cir-  court' 
cuit  courts  shall  be  judges  of  the  supreme  court,  four  of  whom 
shall  constitute  a  quorum.  A  concurrence  of  three  shall  be 
necessary  to  a  final  decision.  After  six  years  the  legislature 
may  provide  by  law  for  the  organization  of  a  supreme  court, 
with  the  jurisdiction  and  powers  prescribed  in  this  constitu¬ 
tion,  to  consist  of  one  chief  justice  and  three  associate 
justices,  to  be  chosen  by  the  electors  of  the  state.  Such 
supreme  court,  when  so  organized,  shall  not  be  changed  or 
discontinued  by  the  legislature  for  eight  years  thereafter. 

The  -judges  thereof  shall  be  so  classified  that  but  one  of  them  classification 

u  °  and  term  of 

shall  go  out  of  office  at  the  same  time.  The  term  of  office  office- 
shall  be  eight  years. 

People  v.  Auditor  General,  5  Mich.  193. 

Section  3.  The  supreme  court  shall  have  a  general  super-  Powers  of. 
intending  control  over  all  inferior  courts,  and  shall  have  power 
to  issue  writs  of  error,  habeas  corpus ,  mandamus ,  qtio  warranto , 
procedendo ,  and  other  original  and  remedial  writs,  and  to 
hear  and  determine  the  same.  In  all  other  cases  it  shall 
have  appellate  jurisdiction  only. 

Teller  v.  Wetherell,  6  Mich.  46;  People  v.  Jackson,  8  Mich.  78; 

Sanger  v.  Truesdail,  8  Mich.  543;  Farrell  v.  Taylor,  12  Mich.  113; 

People  v.  Mahaney,  13  Mich.  481;  Jones  v.  Smith,  14  Mich.  334; 

Demaray  v.  Eittle,  17  Mich.  386;  Hick’s  case,  20  Mich.  129;  Specht 
v.  Detroit,  20  Mich.  168;  McBride  v.  Grand  Rapids,  32  Mich.  360; 

Wyandotte  R.  M.  Co.  v.  Robinson,  34  Mich.  428;  King  v.  Carpenter, 


(j)  Act  No.  6,  public  acts  1887,  provides  that  there  shall  be  five  justices  of  the  supreme 
court  and  that  the  term  of  office  of  each  shall  be  ten  years. 


24 


CONSTITUTION  OF  THE 


Art.  VI. 


Terms. 


Rules,  etc. 


Master  in 
chancery  pro¬ 
hibited. 


Judicial  cir¬ 
cuits. 


Alteration  of 
circuits,  etc. 


37  Mich.  363;  Tawas  R.  R.  v.  Iosco  Judge,  44  Mich.  479;  People 
v.  Swift,  59  Mich.  540;  Auditor  General  v.  Supervisors,  89  Mich. 
552;  Giddings  v.  Blacker,  93  Mich.  1;  Bank  of  Mich.  v.  Niles, 
Walk.  Ch.  398. 

Section  4.  Four  terms  of  the  supreme  court  shall  be  held 
annually  at  such  times  and  places  as  may  be  designated  by 
law. 

Section  5.  The  supreme  court  shall,  by  general  rules,  estab¬ 
lish,  modify  and  amend  the  practice  in  such  court  and  in  the 
circuit  courts,  and  simplify  the  same.  The  legislature  shall, 
as  far  as  practicable,  abolish  distinctions  between  law  and 
equity  proceeding's.  The  office  of  master  in  chancery  is 
prohibited. 

State  Tax  Law  Cases,  54  Mich.  372;  Brown  v.  Circuit  Judge,  75 
Mich.  289. 

(k)  Section  6.  The  state  shall  be  divided  into  judicial  cir¬ 
cuits,  in  each  of  which  the  electors  thereof  shall  elect  one 
circuit  judg-e,  who  shall  hold  his  office  for  the  term  of  six  years, 
and  until  his  successor  is  elected  and  qualified.  The  legisla¬ 
ture  may  provide  for  the  election  of  more  than  one  circuit 
judge  in  the  judicial  circuit  in  which  the  city  of  Detroit  is 
or  may  be  situated,  and  in  the  judicial  circuit  in  which  the 
county  of  Saginaw  is  or  may  be  situated,  and  in  the  judicial 
circuit  in  which  the  county  of  Kent  is  or  may  be  situated. 
And  the  circuit  judge  or  judges  of  said  circuits,  in  addition 
to  the  salary  provided  by  this  constitution,  shall  receive  from 
their  respective  counties  such  additional  salary  as  may  from 
time  to  time  be  fixed  and  determined  by  the  boards  of 
supervisors  of  said  counties.  And  the  board  of  supervisors 
of  each  county  in  the  upper  peninsula  is  hereby  authorized  and 
empowered  to  give  and  pay  to  the  circuit  judge  of  the  judicial 
circuit,  to  which  such  county  is  attached,  such  additional 
salary  or  compensation  as  may  from  time  to  time  be  fixed 
and  determined  by  such  board  of  supervisors.  This  section, 
as  amended,  shall  take  effect  from  the  time  of  its  adoption. 

G.  R.,  N.  &  L.  S.  R.  R.  Co.  v.  Gray,  38  Mich.  461;  Attorney 
General  v.  Burch,  84  Mich.  408. 

Section  7.  The  legislature  may  alter  the  limits  of  circuits 
or  increase  the  number  of  the  same.  No  alteration  or  increase 
shall  have  the  effect  to  remove  a  judge  from  office.  In  ever}* 


(  k  )  As  amended  by  joint  resolution  No.  1.  public  acts  1889;  ratified  April  election,  1889. 


Art.  VI. 


STATE  OF  MICHIGAN. 


25 


additional  circuit  established  the  judge  shall  be  elected  by  the 
electors  of  such  circuit  and  his  term  of  office  shall  continue, 
as  provided  in  this  constitution  for  judges  of  the  circuit  court. 

Royce  v.  Goodwin,  22  Mich.  496. 

(m)  Section  8.  The  circuit  court  shall  have  original  jurisdic-  Jurisdiction, 
tion  in  all  matters  civil  and  criminal  not  excepted  in  this 
constitution  and  not  prohibited  by  law,  and  appellate  jurisdic¬ 
tion  from  all  inferior  courts  and  tribunals  and  a  supervisory 
control  of  the  same.  They  shall  also  have  power  to  issue  writs, 
writs  of  habeas  corpus ,  mandamus,  injunction,  quo  warranto, 
certiorari,  and  other  writs  necessary  to  carry  into  effect  their  . 
orders,  judgments  and  decrees,  and  give  them  general  con¬ 
trol  over  inferior  courts  and  tribunals  within  their  respective 
jurisdictions,  and  in  all  such  other  cases  and  matters  as  the 
supreme  court  shall  by  rule  prescribe. 

Strong  v.  Daniels,  3  Mich.  466;  Teller  v.  Wetherell,  6  Mich.  46; 

Raymond  v.  Hinkson,  15  Mich.  143;  Inkster  v.  Carver,  16  Mich.  484; 

Merrill  v.  Butler,  18  Mich.  294;  Dinnen  v.  Baxter,  18  Mich.  457; 

Thompson  v.  School  District,  25  Mich.  483;  Taylor  v.  Judge,  32 
Mich.  95;  McBride  v.  C.  C.  of  Grand  Rapids,  32  Mich.  360;  Heath  v. 

Kent  Circuit  Judge,  37  Mich.  372;  Allen  v.  Id.,  37  Mich.  474;  Eddy 
v.  Township  of  Gee,  37  Mich.  128;  People  v.  Hurst,  41  Mich.  328; 

Atkins  v.  Borstler,  46  Mich.  553;  Milroy  v.  Spur  Mt.  I.  M.  Co.,  48 
Mich.  231;  People  v.  Mangold,  71  Mich.  335;  People  v.  Dane,  79 
Mich.  361;  Morton  v.  Railroad  Company,  81  Mich.  437;  Sullivan  v. 

Haug,  82  Mich.  548. 

Section  9.  Each  of  the  -judges  of  the  circuit  courts  shall  salary  of 

judges. 

receive  a  salary,  payable  quarterly.  They  shall  be  ineligible 
to  any  other  than  a  judicial  office  during  the  term  for  which 
they  are  elected  and  for  one  year  thereafter.  All  votes  for 
any  person  elected  such  judge  for  any  office  other  than 
judicial,  given  either  by  the  legislature  or  the  people,  shall  be 
void. 

Section  10.  The  supreme  court  may  appoint  a  reporter  of  Reporter, 
its  decisions.  The  decisions  of  the  supreme  court  shall  be  in  Decisions, 
writing  and  signed  by  the  judges  concurring  therein.  Any 
judge  dissenting  therefrom  shall  give  the  reasons  of  such 
dissent  in  writing  under  his  signature.  All  such  opinions 
shall  be  filed  in  the  office  of  the  clerk  of  the  supreme  court. 

The  judges  of  the  circuit  court  within  their  respective  juris- May  mi 
dictions  may  fill  vacancies  in  the  office  of  county  clerk  and  vacancies. 

(  m  )  As  amended  by  joint  resolution  No.  12,  public  acts  1893:  ratified  April  election,  1893. 

4 


26 


CONSTITUTION  OF  THE 


Art.  VI. 


Terms  of 
court. 


Judges  may 
hold  court  f( 
each  other. 


Clerk  of  cir¬ 
cuit  courts. 


Courts  of  pro¬ 
bate. 


Jurisdiction. 


Vacancies, 
how  filled. 


Courts  of 
record. 


Circuit  court 
commission¬ 
ers. 


of  prosecuting-  attorney ;  but  no  judg-e  of  the  supreme  court 
or  circuit  court  shall  exercise  any  other  power  of  appointment 
to  public  office. 

Matter  of  Head  Notes,  43  Mich.  642. 

Section  11.  A  circuit  court  shall  be  held,  at  least  twice  in 
each  year  in  every  county  organized  for  judicial  purposes,  and 
four  times  in  each  year  in  counties  containing-  ten  thousand 
inhabitants.  Judg-es  of  the  circuit  court  may  hold  courts  for 
each  other,  and  shall  do  so  when  required  by  law. 

Royce  v.  Goodwin,  22  Mich.  496 ;  Toll  v.  Jerome,  59  N.  W.  R.  816. 

( n )  Section  12.  The  clerk  of  each  county  org-anized  for 
judicial  purposes  shall  be  the  clerk  of  the  circuit  court  of  such 
county.  The  supreme  court  shall  have  power  to  appoint  a 
clerk  for  such  supreme  court. 

Section  13.  In  each  of  the  counties  org-anized  for  judicial 
purposes  there  shall  be  a  court  of  probate.  The  judg-e  of  such 
court  shall  be  elected  by  the  electors  of  the  county  in  which 
he  resides,  and  shall  hold  his  office  for  four  years,  and  until 
his  successor  is  elected  and  qualified.  The  jurisdiction,  powers 
and  duties  of  such  court  shall  be  prescribed  by  law. 

Royce  v.  Goodwin,  22  Mich.  496. 

Section  14.  When  a  vacancy  occurs  in  the  office  of  judge  of 
the  supreme,  circuit  or  probate  court,  it  shall  be  filled  by 
appointment  of  the  g-overnor,  which  shall  continue  until  a 
successor  is  elected  and  qualified.  When  elected,  such  successor 
shall  hold  his  office  the  residue  of  the  unexpired  term. 

People  v.  Lord,  9  Mich.  227;  Kelley  v.  Edw^ards,  38  Mich.  210; 

Attorney  General  v.  Burch,  84  Mich.  408;  Adsit  v.  Osmun,  84  Mich. 

420;  Attorney  General  v.  Trombly,  89  Mich.  50. 

Section  15.  The  supreme  court,  the  circuit  and  probate 
courts  of  each  county  shall  be  courts  of  record,  and  shall  each 
have  a  common  seal. 

Section  16.  The  legislature  may  provide  by  law  for  the 
election  of  one  or  more  persons  in  each  organized  county, 
who  may  be  vested  with  judicial  powers  not  exceeding  those 
of  a  judge  of  the  circuit  court  at  chambers. 

(n  )  As  amended  by  joint  resolution  No.  5,  public  acts  1881.  p.  408:  ratified  April  election, 
1881. 


Art.  VI. 


STATE  OF  MICHIGAN. 


27 


Chandler  v.  Nash,  5  Mich.  409;  People  v.  Daniels,  6  Mich.  381; 

Streeter  v.  Paton,  7  Mich.  341;  Edgarton  v.  Hinchman,  7  Mich. 

352;  Waldby  v.  Callendar,  8  Mich.  430;  Case  v.  Dean,  16  Mich.  12; 

Boinay  v.  Coats,  17  Mich.  411;  McClintock  v.  Eaing,  19  Mich.  300; 

Rowe  v.  Rowe,  28  Mich.  353;  Budding-ton’s  case,  29  Mich.,  472; 

DeMyer  v.  McGonegal,  32  Mich.  120;  Burg-er’s  case,  39  Mich.  203; 

Watson  v.  Randall,  44  Mich.  514. 

Section  17.  There  shall  be  not  exceeding-  four  justices  of  justices  of  the 
the  peace  in  each  org-anized  township.  They  shall  be  elected  elected.  °w 
by  the  electors  of  the  townships,  and  shall  hold  their  offices  for 
four  years,  and  until  their  successors  are  elected  and  qualified. 

At  the  first  election  in  any  township  they  shall  be  classified  classification 
as  shall  be  prescribed  by  law.  A  justice  elected  to  fill  a 
vacancy  shall  hold  his  office  for  the  residue  of  the  unexpired 
term.  The  leg-islalure  may  increase  the  number  of  justices  Justices  in 
in  cities. 

Thompson  School  District,  25  Mich.  483 ;  Brooks  v.  Hydorn,  76 

Mich.  273. 


Section  18.  In  civil  cases,  -justices  of  the  peace  shall  have  civil  juris¬ 
diction  of 

exclusive  jurisdiction  to  the  amount  of  one  hundred  dollars,  justices, 
and  concurrent  jurisdiction  to  the  amount  of  three  hundred 
dollars,  which  may  be  increased  to  five  hundred  dollars,  with 
such  exceptions  and  restrictions  as  may  be  provided  by  law. 

They  shall  also  have  such  criminal  jurisdiction  and  perform  criminal 

.  .  .  jurisdiction. 

such  duties  as  shall  be  prescribed  by  the  legrslature. 


Root  v.  Mayor,  3  Mich.  433;  Strong-  v.  Daniels,  3  Mich.  466; 

Gurney  v.  Mayor,  11  Mich.  202;  Raymond  v.  Hinkson,  15  Mich.  113; 

Inkster  v.  Carver,  16  Mich.  484;  Merrill  v.  Butler,  18  Mich.  294; 

Dinnen  v.  Baxter,  18  Mich.  457;  Goodsell  v.  Leonard,  23  Mich.  374; 

Henderson  v.  Desborough,  28  Mich.  170;  Allor  v.  Wayne  County 
Auditors,  43  Mich.  100;  Milroy  v.  Spur  Mt.  I.  M.  Co.,  43  Mich.  231. 

Section  19.  Judg-es  of  the  supreme  court,  circuit  judg-es  and  conservators 

.  .  r  ~  ...  of  the  peace. 

justices  of  the  peace  shall  be  conservators  of  the  peace  within 
their  respective  jurisdictions. 


Daniels  v.  People,  6  Mich.  381;  Allor  v.  Wayne  County  Auditors, 
43  Mich.  100;  Averill  v.  Perrott,  74  Mich.  296. 


Section  20.  The  first  election  of  judg-es  of  the  circuit  courts  Election  of 
shall  be  held  on  the  first  Monday  in  April,  one  thousand circultjudf 
eight  hundred  and  fifty-one,  and  every  sixth  year  thereafter. 
Whenever  an  additional  circuit  is  created,  provision  shall  be 
made  to  hold  the  subsequent  election  of  such  additional  judg-e 
at  the  reg-ular  elections  herein  provided. 

Attorney  General  v.  Burch,  84  Mich.  408. 


28 


CONSTITUTION  OF  THE 


Art.  VI. 


Election  of 
judges  of  pro¬ 
bate. 


What  deemed 
vacancj'. 


Courts  of  con¬ 
ciliation. 


Suitors  maj' 
appear  by 
attorne}-  or  in 
person. 


Eibels:  truth 
may  be  given 
in  evidence. 


Right  of  jury. 


Security  of 
person  and 
property  from 
searches. 


Search  war¬ 
rants. 


Section  21.  The  first  election  of  judges  of  the  probate  courts 
shall  be  held  on  the  Tuesday  succeeding  the  first  Monday  of 
November,  one  thousand  eight  hundred  and  fifty-two,  and 
every  fourth  year  thereafter. 

People  v.  Palmer,  91  Mich.  283. 

Section  22.  Whenever  a  judge  shall  remove  beyond  the 
limits  of  the  jurisdiction  for  which  he  was  elected,  or  a  justice 
of  the  peace  from  the  township  in  which  he  was  elected,  or  by 
a  change  in  the  boundaries  of  such  township,  shall  be  placed 
without  the  same,  they  shall  be  deemed  to  have  vacated  their 
respective  offices. 

Berry  v.  Geddes,  3  Mich.  70;  Royce  v.  Goodwin,  22  Mich.  496; 
Faulks  v.  People,  39  Mich.  200. 

Section  23.  The  legislature  may  establish  courts  of  concilia¬ 
tion  with  such  powers  and  duties  as  shall  be  prescribed  by 
law. 

Chandler  v.  Nash,  5  Mich.  409. 

Section  24.  Any  suitor  in  any  court  of  this  state  shall  have 
the  right  to  prosecute  cr  defend  his  suit,  either  in  his  own 
proper  person,  or  by  an  attorney  or  agent  of  his  choice. 

Cobb  v.  Judge  of  Superior  Court,  43  Mich.  289. 

Section  25.  In  all  prosecutions  for  libels  the  truth  may  be 
given  in  evidence  to  the  jury ;  and  if  it  shall  appear  to  the 
jury  that  the  matter  charged  as  libelous  is  true  and  was 
published  with  good  motives  and  for  justifiable  ends,  the 
party  shall  be  acquitted.  The  jury  shall  have  the  right  to 
determine  the  law  and  the  fact. 

Maclean  v.  Scripps,  52  Mich.  221;  Park  v.  Free  Press  Co.,  72 
Mich.  560;  Thibault  v.  Sessions,  59  N.  W.  R.  624. 

Section  26.  The  person,  houses,  papers  and  possessions  of 
ever)’  person  shall  be  secure  from  unreasonable  searches  and 
seizures.  No  warrant  to  search  any  place  or  to  seize  any 
person  or  things  shall  issue  without  describing  them,  nor 
without  probable  cause,  supported  by  oath  or  affirmation. 

Brown  v.  Kelley,  20  Mich.  27;  People  v.  Lynch,  29  Mich.  274; 
Weimer  v.  Bunbury,  30  Mich.  201;  Hackett  v.  Judge,  36  Mich.  33.4; 
Allor  v.  Wayne  Co.  Auditors,  43  Mich.  76;  DeLong  v.  Briggs,  47 
Mich.  624;  People  v.  Moore,  62  Mich.  496;  Robison  v.  Haug  and 
Miner,  68  Mich.  549;  Robison  v.  Haug,  71  Mich.  38  (saloon  screens); ; 
Grand  Rapids  v.  Powers,  89  Mich.  94;  Burroughs  v.  Eastman,  59 
N.  W.  R.  817. 


i  Art.  VI. 


STATE  OF  MICHIGAN. 


29 


Section  27.  The  right  of  trial  by  jury  shall  remain,  but  Rig-ht  of  trial 

I  by  jury. 

shall  be  deemed  to  be  waived  in  all  civil  cases  unless  demanded 
by  one  of  the  parties  in  such  manner  as  shall  be  prescribed 
by  law. 

O’Flynn  v.  Holmes,  8  Mich.  95;  People  v.  Smith,  9  Mich.  193; 

Tabor  v.  Cook,  15  Mich.  322;  Hill  v.  People,  16  Mich.  351;  Van 
Sickle  v.  Kellogg-,  19  Mich.  49;  McGraw  v.  Sturgeon,  29  Mich.  426; 

Ward' v.  People,  30  Mich.  116;  Paul  v.  Detroit,  32  Mich.  108;  Odell 
v.  Reynolds,  40  Mich.  21;  Mabley  v.  Judge,  etc.,  41  Mich.  31; 

Swart  v.  Kimball,  43  Mich.  448;  People  v.  Harding,  53  Mich.  48 
and  481;  State  Tax  Law  Cases,  54  Mich.  372;  Pt.  Huron  &  N.  W. 

R.  R.  v.  Callanan,  61  Mich.  14;  Hewitt  v.  Circuit  Judge,  71  Mich. 

287;  People  v.  Peterson,  93  Mich.  27;  McRae  v.  Railroad  Co.,  93 
Mich.  399. 

Section  28.  In  every  criminal  prosecution  the  accused  shall  Accused  to 

.  .  have  speedy 

have  the  right  to  a  speedy  and  public  trial  by  an  impartial  trial, 
jury,  which  may  consist  of  less  than  twelve  men  in  all  courts 
not  of  record ;  to  be  informed  of  the  nature  of  the  accusation  ; 
to  be  confronted  with  the  witnesses  against  him ;  to  have 
compulsory  process  for  obtaining  witnesses  in  his  favor,  and 
have  the  assistance  of  counsel  for  his  defense. 

Hibbard  v.  People,  4  Mich.  125;  Parson  v.  Russell,  11  Mich.  113; 

Holt  v.  People,  13  Mich.  224;  Hill  v.  People,  16  Mich.  351;  Johnson 
v.  Maxon,  23  Mich.  129;  People  v.  Jones,  24  Mich.  215;  Brown  v. 

People,  29  Mich.  232;  People  v.  Olmstead,  30  Mich.  431;  Stevens  v. 

People,  38  Mich.  739;  People  v.  Sligh,  48  Mich.  55;  Thomas  Fow¬ 
ler’s  case,  49  Mich.  235;  People  v.  Murray,  52  Mich.  295;  People  v. 

Euby,  56  Mich.  551,  People  v.  Barker,  60  Mich.  277;  People  v. 

Shufelt,  61  Mich.  237;  People  v.  Moore,  62  Mich.  496;  People  v. 

Dow,  64  Mich.  717;  People  v.  Murray,  89  Mich.  276;  People  v. 

Peterson,  93  Mich.  27;  McRae  v.  Railroad  Co.,  93  Mich.  399; 

Slaughter  v.  People,  2.  Doug.  334. 

Section  29.  No  person  after  acquittal  upon  the  merits  shall  No  trial  after 
be  tried  for  the  same  offense.  All  persons  shall,  before  con-  upon  merits, 
viction,  be  bailable  by  sufficient  sureties,  except  for  murder 
and  treason  when  the  proof  is  evident  or  the  presumption 
great. 

People  v.  Harding,  53  Mich.  484;  Northville  v.  Westfall,  75  Mich. 

603;  People  v.  Parrow,  80  Mich.  567. 

Section  30.  Treason  against  the  state  shall  consist  only  in  Treason, 
levying  war  against  or  in  adhering  to  its  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  Conviction  of. 
treason  unless  upon  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 


30 


CONSTITUTION  OF  THE 


Art.  VI. 


Bail,  fines  and 
punishment. 


Testimony  of 
person  against 
himself. 


Imprisonment 
for  debt. 


Militia  fines. 


Competency 
of  witnesses. 


Style  of  pro¬ 
cess. 


Section  31.  Excessive  bail  shall  not  be  required;  excessive 
fines  shall  not  be  imposed ;  cruel  or  unusual  punishment  shall 
not  be  inflicted,  nor  shall  witnesses  be  unreasonably  detained. 

People  v.  Moore,  62  Mich.  496;  Frazee’s  case,  63  Mich.  396; 
Robison  v.  Haug-  and  Miner,  68  Mich.  549;  Leeton  v.  Circuit  Judge, 
69  Mich.  610;  People  v.  Morris,  80  Mich.  634;  People  v.  Smith,  94 
Mich.  644. 

Section  32.  No  person  shall  be  compelled,  in  any  criminal 
case,  to  be  a  witness  ag-ainst  himself,  nor  be  deprived  of 
life,  liberty  or  property,  without  due  process  of  law. 

Hibbard  v.  People,  4  Mich.  125;  Brooks  v.  McIntyre,  4  Mich.  316; 
Sears  v.  Cottrell,  5  Mich.  251;  Parsons  v.  Russell,  11  Mich.  113; 
Ames  v.  P.  H.  E.  D.  &  B.  Co.,  11  Mich.  139;  Groesbeck  v.  Seeley, 
13  Mich.  329;  Lang-  v.  People,  14  Mich.  439;  Case  v.  Dean,  16 
Mich.  12;  Hart  v.  Henderson,  17  Mich.  218;  People  v.  Salem,  20 
Mich.  452;  Trombley  v.  Humphrey,  23  Mich.  471;  People  v.  Lynch, 
29  Mich.  274;  Power’s  Appeal,  29  Mich.  510;  Weimer  v.  Bunbury,  30 
Mich.  201;  Quinn  v.  Heisel,  40  Mich.  576;  Way’s  case,  41  Mich.  299; 
Allor  v.  Wayne  County  Auditors,  43  Mich.  76;  Detroit  v.  D.  & 
H.  P.  R.  Co.,  43  Mich.  143;  Frank  Cannon’s  case,  47  Mich.  482; 
People  v.  Moore,  62  Mich.  496;  Hartford  Ins.  Co.  v.  Raymond,  70 
Mich.  485;  Kuhn  v.  Common  Council,  70  Mich.  534;  Whitney  v. 
Township  Board,  71  Mich.  234;  Spry  Lumber  Co.  v.  Trust  Co.,  77 
Mich.  199;  People  v.  Bellet,  99  Mich.  151. 

Section  33.  No  person  shall  be  imprisoned  for  debt  arising- 
out  of,  or  founded  on  a  contract  express  or  implied,  except 
in  cases  of  fraud  or  breach  of  trust  or  of  moneys  collected 
by  public  officers  or  in  anjr  professional  employment.  No 
person  shall  be  imprisoned  for  a  militia  fine  in  time  of  peace. 

Cliappee  v.  Thomas,  5  Mich.  53;  Bromley  v.  People,  7  Mich.  472; 
Fuller  v.  Bowker,  11  Mich.  204;  People  v.  McAllister,  19  Mich.  215; 
Sheahan’s  case,  25  Mich.  145;  Steller  v.  Steller,  25  Mich.  159; 
Stephenson’s  case,  32  Mich.  60;  Tyson’s  case,  32  Mich.  262. 

Section  34.  No  person  shall  be  rendered  incompetent  to  be 
a  witness  on  account  of  his  opinions  on  matters  of  relig’ious 
belief. 

People  v.  Jenness,  5  Mich.  305. 

Section  35.  The  style  of  all  process  shall  be,  “In  the 
name  of  the  people  of  the  State  of  Michig-an.’’ 

Tweed  v.  Metcalf,  4  Mich.  579;  Wisner  v.  Davenport,  5  Mich. 
501;  Forbes  v.  Darling-,  94  Mich.  621;  Attorney  General  v.  Jochim, 
99  Mich.  358. 


Art.  VII. 


STATE  OF  MICHIGAN. 


31 


ARTICLE  VII. 

ELECTIONS. 

(o)  Section  1.  In  all  elections,  every  male  inhabitant  of 
this  state,  being-  a  citizen  of  the  United  States,  every  male 
inhabitant  residing-  in  this  state  on  the  twenty-fourth  day  of 
June,  eig-hteen  hundred  thirty-five,  every  male  inhabitant 
residing-  in  the  state  on  the  first  day  of  January,  eig-hteen 
hundred  fifty,  every  male  inhabitant  of  foreigm  birth  who, 
having-  resided  in  the  state  two  years  and  six  months 
prior  to  the  eig-hth  day  of  November,  eig-hteen  hundred 
ninety-four,  and  having-  declared  his  intention  to  become  a  citi¬ 
zen  of  the  United  States  two  years  and  six  months  prior  to  said 
last  named  day,  and  every  civilized  male  inhabitant  of  Indian 
descent,  a  native  of  the  United  States  and  not  a  member  of 
any  tribe,  shall  be  an  elector  and  entitled  to  vote ;  but  no  one 
shall  be  an  elector  or  entitled  to  vote  at  any  election  unless 
he  shall  be  above  the  ag-e  of  twenty-one  years,  and  has  resided 
in  this  state  six  months  and  in  the  township  or  ward  in  which 
he  offers  to  vote  twenty  days  next  preceding-  such  election : 
Provided ,  That  in  time  of  war,  insurrection  or  rebellion  no 
qualified  elector  in  the  actual  military  service  of  the  United 
States,  or  of  this  state,  or  in  the  army  or  navy  thereof,  shall 
be  deprived  of  his  vote  by  reason  of  his  absence  from  the 
township,  ward  or  state  in  which  he  resides,  and  the  legis¬ 
lature  shall  have  the  power,  and  shall  provide  the  manner  in 
which  and  the  time  and  place  at  which  such  absent  electors 
may  vote,  and  for  the  canvass  and  return  of  their  votes  to 
the  township  or  ward  election  district  in  which  they  respec¬ 
tively  reside  or  otherwise. 

People  v.  Blodg’et,  13  Mich.  127;  People  v.  Maynard,  15  Mich.  463; 
Hedg-man  v.  Board  of  Registration,  26  Mich.  51;  Allor  v.  Wayne 
County  Auditors,  43  Mich.  102;  Attorney  General  v.  Detroit  Com¬ 
mon  Council,  58  Mich.  222;  Common  Council  v.  Rush,  82  Mich.  532; 
Coffin  v.  Election  Commissioners,  97  Mich.  188. 

Section  2.  All  votes  shall  be  given  by  ballot,  except  for 
such  township  officers  as  may  be  authorized  by  law  to  be 
otherwise  chosen. 

( o  )  As  amended  by  joint  resolution  No.  20,  public  acts  1893:  ratified  November  election, 

1894. 


Qualification 
of  electors. 


Proviso. 


Votes  to  be  by 
ballot. 


32 


CONSTITUTION  OF  THE 


Art.  VII. 


People  v.  Cicott,  16  Mich.  283;  People  v.  Hurlbut,  24  Mich.  44; 

Common  Council  v.  Rush,  82  Mich.  532. 

Privilege  from  Section  3.  Every  elector,  in  all  cases,  except  treason,  felony 
or  breach  of  the  peace,  shall  be  privileged  from  arrest  during 
his  attendance  at  election,  and  in  going  to  and  returning  from 
the  same. 

From  military  Section  4.  No  elector  shall  be  obliged  to  do  militia  duty  on 
the  day  of  election,  except  in  time  of  war  or  public  danger, 
or.  attend  court  as  a  suitor  or  witness. 

Residence  of  ( p)  Section  5.  No  elector  shall  be  deemed  to  have  gained  or 
lost  a  residence  by  reason  of  his  being  employed  in  the  service 
of  the  United  States  or  of  this  state;  nor  while  engaged  in  the 
navigation  of  the  waters  of  this  state  or  of  the  United  States; 
or  of  the  high  seas;  nor  while  a  student  of  any  seminary  of 
learning ;  nor  while  kept  at  any  almshouse  or  other  asylum  at 
public  expense ;  nor  while  confined  in  any  public  prison, 
except  that  honorably  discharged  soldiers,  sailors  and  marines 
who  have  served  in  the  military  or  naval  forces  of  the  United 
States  or  of  this  state,  and  who  reside  in  soldiers’  homes 
established  by  the  state,  may  acquire  a  residence  where  such 
home  is  located. 


Warren  v.  Board  of  Registration,  72  Mich.  401;  Wolcott  v.  Hol¬ 
comb,  97  Mich.  361. 

Parity  of  elec-  Section  6.  Laws  may  be  passed  to  preserve  the  purity  of 

tions.  #  m  . 

elections  and  guard  against  abuses  of  the  elective  franchise. 

People  v.  Kopplekom,  16  Mich.  342;  Attorney  General  v.  Detroit, 
78  Mich.  545;  Common  Council  v.  Rush,  82  Mich.  532;  Attorney 
General  v.  May,  99  Mich.  538. 

soldiers,  sea-  Section  7.  No  soldier,  seaman  nor  marine,  in  the  army  or 

men  and  J 

residents?01  navy  of  the  United  States,  shall  be  deemed  a  resident  of  this 
state  in  consequence  of  being  stationed  in  any  military  or 
naval  place  within  the  same. 

Warren  v.  Board  of  Registration,  72  Mich.  401. 

Disquaiifi-  Section  8.  Any  inhabitant  who  may  hereafter  be  engaged 
dueling.  in  a  duel,  either  as  principal  or  accessory  before  the  fact,  shall 
be  disqualified  from  holding  any  office  under  the  constitution 
and  laws  of  this  state  and  shall  not  be  permitted  to  vote  at 
any  election. 


I>  As  amended  by  joint  resolution  No.  21,  public  acts  1893;  ratified  November  election, 
1894. 


Art.  VIII. 


STATE  OF  MICHIGAN. 


33 


ARTICLE  VIII. 


STATE  OFFICERS. 


Section  1.  There  shall  be  elected  at  each  general  biennial  Elective  state 

.  .  ~  1 .  officers. 

election  a  secretary  of  state,  a  superintendent  of  public 
instruction,  a  state  treasurer,  a  commissioner  of  the  land 
office,  an  auditor  g-eneral,  and  an  attorney  general  for  the 
term  of  two  years.  They  shall  keep  their  offices  at  the  seat  where  to  keep 

,  .  -i  their  offices. 

of  government  and  shall  perform  such  duties  as  may  be 
prescribed  by  law. 

Ballou  v.  O’Brien,  20  Mich.  304. 

Section  2.  Their  term  of  office  shall  commence  on  the  first  Term  of  office, 
day  of  January,  one  thousand  eight  hundred  and  fifty-three, 
and  of  every  second  year  thereafter. 

Section  3.  Whenever  a  vacancy  shall  occur  in  any  of  the  vacancy,  how 
state  offices,  the  governor  shall  fill  the  same  by  appointment,  by 
and  with  the  advice  and  consent  of  the  senate  if  in  session. 

Section  4.  The  secretary  of  state,  state  treasurer,  and  com-  Board  of  state 
missioner  of  the  state  land  office  shall  constitute  a  board  of  audltors- 
state  auditors  to  examine  and  adjust  all  claims  against  the 
state,  not  otherwise  provided  for  by  general  law.  They 
shall  constitute  a  board  of  state  canvassers,  to  determine  the  To  be  state 

.  .  .  canvassers. 

result  of  all  elections  for  governor,  lieutenant  governor,  and 
state  officers,  and  of  such  other  officers  as  shall  by  law  be 
referred  to  them. 

People  v.  Cicott,  16  Mich.  283;  Royce  v.  Goodwin,  22  Mich.  496; 

Dewey  v.  Board  of  Auditors,  32  Mich.  191;  Auditor  General  v. 

Pullman  P.  C.  Co.,  34  Mich.  59;  Ambler  v.  Auditor  GeneVal,  38 
Mich.  746;  Ayres  v.  State  Auditors,  42  Mich.  422;  Eocke  v.  Speed, 

62  Mich.  408;  Auditor  General  v.  Treasurer,  73  Mich.  31;  Smith  v. 

Auditor  General,  80  Mich.  205. 

Section  5.  In  case  two  or  more  persons  have  an  equal  and  In  case  of  a 
the  highest  number  of  votes  for  any  office,  as  canvassed  by  the  ture  to  make 

choice. 

board  of  state  canvassers,  the  legislature  in  joint  convention, 
shall  choose  one  of  said  persons  to  fill  such  office.  When  the 
determination  of  the  board  of  state  canvassers  is  contested, 
the  legislature,  in  joint  convention,  shall  decide  which  person 
is  elected. 


People  v.  Cicott,  16  Mich.  301. 
5 


34 


CONSTITUTION  OF  THE 


Art.  X. 


Salaries. 


Counties  to  be 
bodies  cor¬ 
porate. 


Number  of 
townships  in 
county. 


When  city 
may  be  made 
a  county. 


ARTICLE  IX. 

SALARIES. 

(q)  Section  1.  The  governor  shall  receive  an  annual  salary 
of  four  thousand  dollars;  the  judges  of  the  circuit  court  shall 
each  receive  an  annual  salary  of  two  thousand  five  hundred 
dollars;  the  state  treasurer  shall  receive  an  annual  salary  of 
one  thousand  dollars;  the  superintendent  of  public  instruction 
shall  receive  an  annual  salary  of  one  thousand  dollars;  the 
secretary  of  state  shall  receive  an  annual  salary  of  eight 
hundred  dollars;  the  commissioner  of  the  land  office  shall 
receive  an  annual  salary  of  eight  hundred  dollars;  the  attorney 
general  shall  receive  an  annual  salary  of  eight  hundred  dollars. 
They  shall  receive  no  fees  or  perquisites  whatever  for  the 
performance  of  any  duties  connected  with  their  office.  It  shall 
not  be  competent  for  the  legislature  to  increase  the  salaries 
herein  provided. 

Wyandotte  v.  Drennan,  46  Mich.  480. 

ARTICLE  X. 

COUNTIES. 

Section  1.  Each  organized  county  shall  be  a  body  corporate, 
with  such  powers  and  immunities  as  shall  be  established  by 
law.  All  suits  and  proceedings  by  or  against  a  county  shall 
be  in  the  name  thereof. 

People  v.  Collins,  3  Mich.  415;  People  v.  Carleton,  10  Mich.  250; 
Attorney  General  v.  Supervisors,  11  Mich.  63;  People  v.  Maynard, 
15  Mich.  463;  Johr  v.  Supervisors,  38  Mich.  532;  Attorney  General 
v.  Marr,  55  Mich.  446. 

Section  2.  No  organized  count}’  shall  ever  be  reduced  by  the 
organization  of  new  counties  to  less  than  sixteen  townships 
as  surveyed  by  the  United  States,  unless  in  pursuance  of  law 
a  majority  of  electors  residing  in  each  county  to  be  affected 
thereby  shall  so  decide.  The  legislature  may  organize  any 
city  into  a  separate  count}’,  when  it  has  attained  a  population 
of  twenty  thousand  inhabitants,  without  reference  to  geo¬ 
graphical  extent,  when  a  majority  of  the  electors  of  a  county 
in  which  such  city  may  be  situated,  voting  thereon,  shall  be 
in  favor  of  a  separate  organization. 

<1  As  amended  by  joint  resolution  No.  2.  public  acts  1889;  ratified  April  election,  1889. 


Art.  X. 


STATE  OF  MICHIGAN. 


35 


Rice  v.  Ruddiman,  10  Mich.  125;  Carleton  v.  People,  10  Mich.  250; 
Bay  County  v.  Bullock,  51  Mich.  545. 

Section  3.  In  each  organized  county  there  shall  be  a  sheriff, 
a  county  clerk,  a  county  treasurer,  a  register  of  deeds  and  a 
prosecuting  attorney,  chosen  by  the  electors  thereof,  once  in 
two  years,  and  as  often  as  vacancies  shall  happen,  whose 
duties  and  powers  shall  be  prescribed  by  law.  The  board  of 
supervisors  in  any  county  may  unite  the  offices  of  county  clerk 
and  register  of  deeds  in  one  office,  or  disconnect  the  same. 

People  v.  May,  3  Mich.  598;  People  v.  Maynard,  15  Mich.  463; 
Keeler  v.  Robertson,  27  Mich.  116. 

Section  4.  The  sheriff,  county  clerk,  county  treasurer,  judge 
of  probate,  and  register  of  deeds  shall  hold  their  offices  at 
the  county  seat. 

Rice  v.  Shay,  43  Mich.  380. 

Section  5.  The  sheriff  shall  hold  no  other  office,  and  shall 
be  incapable  of  holding  the  office  of  sheriff  longer  than  four  in 
any  period  of  six  years.  He  may  be  required  by  law  to  renew 
his  security  from  time  to  time,  and  in  default  of  giving  such 
security,  his  office  shall  be  deemed  vacant.  The  county  shall 
never  be  responsible  for  his  acts. 

Denphy  v.  People,  25  Mich.  10;  People  v.  Gosch,  82  Mich.  22. 

Section  6.  A  board  of  supervisors,  consisting  of  one  from 
each  organized  township,  shall  be  established  in  each  county, 
with  such  powers  as  shall  be  prescribed  by  law. 

Attorney  General  v.  Preston,  56  Mich.  180;  Bolt  v.  Riordan,  73 
Mich.  508. 

Section  7.  Cities  shall  have  such  representation  in  the  board 
of  supervisors  of  the  counties  in  which  they  are  situated 
as  the  legislature  may  direct. 

Attorney  General  v.  Preston,  56  Mich.  181;  Bolt  v.  Riordan,  73 
Mich.  508. 

Section  8.  No  county  seat  once  established  shall  be  removed 
until  the  place  to  which  it  is  proposed  to  be  removed  shall 
be  designated  by  two-thirds  of  the  board  of  supervisors  of  the 
county,  and  a  majority  of  the  electors  voting  thereon  shall 
have  voted  in  favor  of  the  proposed  location,  in  such  manner 
as  shall  be  prescribed  by  law. 


County 

officers. 


What  offices 
at  county  seat. 


Sheriff  to  hold 
no  other  office. 


To  give 
securit3'. 


County  not 
responsible. 


Board  of 
supervisors. 


Cities  to  be 
represented  in 
board. 


Count>r  seats; 
how  removed. 


36 


CONSTITUTION  OF  THE 


Art.  XI. 


Attorney  General  v.  Supervisors,  11  Mich.  63;  People  v.  County 
Officers,  15  Mich.  85;  Attorney  General  v.  Supervisors,  33  Mich. 
289;  Pack  v.  Presque  Isle,  36  Mich.  377;  Rice  v.  Shay,  43  Mich. 
380;  Bagot  v.  Antrim  Supervisors,  43  Mich.  577;  Attorney  General 
v.  County  Canvassers  Iron  Co.,  64  Mich.  607. 


Money  for 
highways, 
public  build 
ings  or 
bridges. 


Section  9.  The  board  of  supervisors  of  any  county  may 
borrow  or  raise  by  tax  one  thousand  dollars  for  construct¬ 
ing-  or  repairing  public  buildings,  highways  or  bridges;  but 
no  greater  sum  shall  be  borrowed  or  raised  by  tax  for  such 
purpose  in  any  one  year,  unless  authorized  by  a  majority  of 
the  electors  of  such  county  voting  thereon. 


Attorney  General  v.  Supervisors  of  Bay,  34  Mich.  46;  Callam  v. 
Saginaw,  50  Mich.  12;  Fulton  Iron  Works  v.  Kimbal,  52  Mich.  150; 
Attorney  General  v.  Board  of  Auditors,  73  Mich.  53;  Davies  v. 
Supervisors,  89  Mich.  295;  Boyce  v.  Auditor  General,  90  Mich.  317. 


claims  Section  10.  The  board  of  supervisors,  or  in  the  county  of 

against  coun-  * 

ties-  Wayne,  the  board  of  county  auditors,  shall  have  the  exclusive 

power  to  prescribe  and  fix  the  compensation  for  all  services 
rendered  for,  and  to  adjust  all  claims  against,  their  respective 
counties,  and  the  sum  so  fixed  or  defined  shall  be  subject  to 
no  appeal. 

People  v.  Sup.  Macomb,  3  Mich.  475;  People  v.  Auditors  of  Wajne 
County,  10  Mich.  307;  People  v.  Wright,  19  Mich.  351;  Kennedy  v. 
Gies,  25  Mich.  83;  Mixer  v.  Sup.  Manistee,  26  Mich.  422;  Videto  v. 
Sup.  Jackson  Co.,  31  Mich.  116;  Barry  Co.  v.  Manistee  Co.,  33  Mich. 
497;  Clark  v.  Sup.  Ingham,  38  Mich.  658;  McMahon  v.  Aud.  Wayne 
Co.,  41  Mich.  223;  Endriss  v.  Chippewa,  43  Mich.  317;  Whallon  v. 
Ingham  Circuit  Judge,  51  Mich.  508;  Cicotte  v.  County  of  Wayne, 
59  Mich.  509;  Attorney  General  v.  Board  of  Auditors,  73  Mich.  53; 
People  v.  Hanifan,  99  Mich.  516. 


Laying  out  Section  11.  The  board  of  supervisors  of  each  organized 

highways.  .  ,  . 

county  may  provide  tor  laying  out  highways,  constructing 
bridges,  and  organizing  townships,  under  such  restrictions  and 
limitations  as  shall  be  prescribed  by  law. 

People  v.  Kimball,  4  Mich.  95;  People  v.  Highway  Commissioners 
of  Nankin,  15  Mich.  347;  Attorney  General  v.  Bay  Co.,  34  Mich.  46; 
.  Pearsall  v.  Supervisors,  71  Mich.  444;  Davies  v.  Supervisors,  89 

Mich.  295. 


ARTICLE  XI. 

TOWNSHIPS. 

Township  Section  1.  There  shall  be  elected  annually,  on  the  first 

officers.  . 

Monday  of  April,  in  each  organized  township,  one  supervisor, 


Art.  XII. 


STATE  OF  MICHIGAN. 


37 


one  township  clerk,  who  shall  be  ex  officio  school  inspector, 
one  commissioner  of  highways,  one  township  treasurer,  one 
school  inspector,  not  exceeding-  four  constables,  and  one  over¬ 
seer  of  hig-hways  for  each  highway  district,  whose  powers  and 
duties  shall  be  prescribed  by  law. 

People  v.  Maynard,  15  Mich.  463;  People  v.  Ryan,  19  Mich. 

203;  Hubbard  v.  Spring-wells,  25  Mich.  156;  Allor  v.  Wayne  Co. 

Auditors,  43  Mich.  102;  Attorney  General  v.  Preston,  56  Mich.  178; 

Donoug-h  v.  Dewey,  82  Mich.  309;  Davies  v.  Supervisors,  89  Mich. 

295;  Ping-ree  v.  Board  of  Education,  99  Mich.  404. 

Section  2.  Each  organized  township  shall  be  a  body  cor- Townships  to 

be  bodies  cor¬ 
porate,  with  such  powers  and  immunities  as  shall  be  prescribed  porate. 

by  law.  All  suits  and  proceeding's  by  or  against  a  township 

shall  be  in  the  name  thereof. 

People  v.  Collins,  3  Mich.  415;  People  v.  Maynard,  15  Mich.  463; 

People  v.  Ryan,  19  Mich.  203;  Scrafford  v.  Sup.  Gladwin,  41  Mich. 

647. 

ARTICLE  XII. 

IMPEACHMENTS  AND  REMOVALS  FROM  OFFICE. 

Section  1.  The  house  of  representatives  shall  have  the  impeach- 

ments. 

sole  power  of  impeaching-  civil  officers  for  corrupt  conduct  in 
office,  or  for  crimes  or  misdemeanors ;  but  a  majority  of  the 
members  elected  shall  be  necessary  to  direct  an  impeachment. 

Attorney  General  v.  Jocliim,  99  Mich.  358. 

Section  2.  Every  impeachment  shall  be  tried  by  the  senate,  how  tried. 
When  the  g-overnor  or  lieutenant  governor  is  tried,  the  chief 
justice  of  the  supreme  court  shall  preside.  When  an  impeach¬ 
ment  is  directed,  the  senate  shall  take  an  oath  or  affirmation 
truly  and  impartially  to  try  and  determine  the  same  according 
to  the  evidence.  No  person  shall  be  convicted  without  the  Conviction 

.  and  judgment 

concurrence  of  two-thirds  of  the  members  elected.  Judgment 
in  case  of  impeachment  shall  not  extend  further  than  removal 
from  office,  but  the  party  convicted  shall  be  liable  to  punish¬ 
ment  according-  to  law. 

Section  3.  When  an  impeachment  is  directed  the  house  of  who  to  prose- 

i  cute. 

representatives  shall  elect  from  their  own  body  three  members, 
whose  duty  it  shall  be  to  prosecute  such  impeachment.  No  When  to  be 
impeachment  shall  be  tried  until  the  final  adjournment  of  the 
legislature,  when  the  senate  shall  proceed  to  try  the  same. 


38 


CONSTITUTION  OP  THE 


Art.  XII. 


In  caseof  judi 
cial  officer. 


Vacancj’  by 
suspension, 
how  filled. 


Removal  of 
judg-e. 


Removal  of 
certain  offi¬ 
cers. 


Removal  of 
state  officers. 


Section  4.  No  judicial  officer  shall  exercise  his  office  after 
an  impeachment  is  directed  until  he  is  acquitted. 

Pingree  v.  Board  of  Education,  99  Mich.  404. 

Section  5.  The  governor  may  make  a  provisional  appoint¬ 
ment  to  fill  a  vacancy  occasioned  by  the  suspension  of  an  officer, 
until  he  shall  be  acquitted  or  until  after  the  election  and 
qualification  of  a  successor. 

Pingree  v.  Board  of  Education,  99  Mich.  404. 

Section  6.  For  reasonable  cause,  which  shall  not  be  suffi¬ 
cient  ground  for  the  impeachment  of  a  judge,  the  governor  shall 
remove  him  on  a  concurrent  resolution  of  two-thirds  of  the 
members  elected  to  each  house  of  the  legislature;  but  the  cause 
for  which  such  removal  is  required  shall  be  stated  at  length 
in  such  resolution. 

Section  7.  The  legislature  shall  provide  by  law  for  the 
removal  of  any  officer  elected  by  a  county,  township  or  school 
district,  in  such  manner  and  for  such  cause  as  to  them  shall 
seem  just  and  proper. 

People  v.  Eord,  9  Mich.  227;  Clay  v.  Stuart,  74  Mich.  411. 

(r)  Section  8.  The  governor  shall  have  power  and  it  shall 
be  his  duty,  except  at  such  time  as  the  legislature  may  be  in 
session,  to  examine  into  the  condition  and  administration  of 
any  public  office  and  the  acts  of  any  public  officer  elective  or 
appointed,  to  remove  from  office  for  gross  neglect  of  duty  or 
for  corrupt  conduct  in  office  or  any  other  misfeasance  or 
malfeasance  therein,  either  of  the  following  state  officers,  to 
wit:  the  attorney  general,  state  treasurer,  commissioner  of  the 
land  office,  secretary  of  state,  auditor  general,  superintendent 
public  instruction  or  members  of  the  state  board  of  educa¬ 
tion,  or  any  other  officers  of  the  state  except  legislature  and 
judicial,  elective  or  appointed,  and  to  appoint  a  successor  for 
the  remainder  of  their  respective  unexpired  term  of  office,  and 
report  the  causes  of  such  removal  to  the  legislature  at  its 
next  session. 

Dullam  v.  Wilson,  53  Mich.  393;  Fuller  v.  Attorney  General,  98 
Mich.  96;  Attorney  General  v.  Jochim,  99  Mich.  358. 

r  As  amended  by  joint  resolution  No.  IS,  laws  of  1861,  p.  588;  ratified  election  of  1862. 


Art.  XIII. 


STATE  OF  MICHIGAN. 


39 


ARTICLE  XIII. 

EDUCATION. 

Section  1.  The  superintendent  of  public  instruction  shall 
have  the  general  supervision  of  public  instruction,  and  his 
duties  shall  be  prescribed  by  law. 

Section  2.  The  proceeds  from  the  sales  of  all  lands  that 
have  been  or  hereafter  may  be  granted  by  the  United  States 
to  the  state  for  educational  purposes,  and  the  proceeds  of  all 
lands  or  other  property  given  by  individuals  or  appropriated 
by  the  state  for  like  purposes,  shall  be  and  remain  a  perpetual 
fund,  the  interest  and  income  of  which,  together  with  the 
rents  of  all  such  lands  as  may  remain  unsold,  shall  be  inviola¬ 
bly  appropriated  and  annually  applied  to  the  specific  objects 
of  the  original  gift,  grant  or  appropriation. 

People  v.  Auditor  General,  12  Mich.  171;  Jones  v.  Commissioner, 
21  Mich.  236;  Crane  v.  Reeder,  22  Mich.  322. 

Section  3.  All  lands,  the  titles  to  which  shall  fail  from  a 
defect  of  heirs,  shall  escheat  to  the  state ;  and  the  interest  on 
the  clear  proceeds  from  the  sales  thereof  shall  be  appropriated 
exclusively  to  the  support  of  primary  schools. 

Crane  v.  Reeder,  22  Mich.  322. 

Section  4.  The  legislature  shall,  within  five  years  from 
the  adoption  of  this  constitution,  provide  for  and  establish  a 
system  of  primary  schools,  whereby  a  school  shall  be  kept 
without  charge  for  tuition  at  least  three  months  in  each 
year  in  every  school  district  in  the  state,  and  all  instruction 
in  said  school  shall  be  conducted  in  the  English  language. 

Perrizo  v.  Kesler,  93  Mich.  280;  Keweenaw  Association  v.  School 
District,  98  Mich.  437. 

Section  5.  A  school  shall  be  maintained  in  each  school 
district  at  least  three  months  in  each  year.  Any  school 
district  neglecting  to  maintain  such  school  shall  be  deprived, 
for  the  ensuing  year,  of  its  proportion  of  the  income  of  the 
primary  school  fund  and  of  all  funds  arising  from  taxes  for 
the  support  of  schools. 

(s)  Section  6.  There  shall  be  elected  in  the  year  eighteen 
hundred  and  sixty-three,  at  the  time  of  the  election  of  a 

(s)As  amended  by  joint  resolution  No.  17,  laws  of  1861,  p.589;  ratified  election  of  1862. 


Education. 


School  fund. 


Escheats. 


Free  schools. 


Instruction  to 
be  in  English 
language. 


Time  school 
must  be  main¬ 
tained. 


Election  of 
regents  of 
university. 


4" 


CONSTITUTION  OF  THE 


Art.  XIII. 


Board  of 
regents. 


To  be  a  body 
corporate. 


Name. 


President  of 
university. 


Supervision 

university. 


Board  of 
education. 


Superintend¬ 
ent  of  public 
instruction  to 
be  member. 


justice  of  the  supreme  court,  eight  regents  of  the  university, 
two  of  whom  shall  hold  their  office  for  two  years,  two  for 
four  years,  two  for  six  years,  and  two  for  eight  years.  They 
shall  enter  upon  the  duties  of  their  office  on  the  first  of 
January  next  succeeding  their  election.  At  every  regular 
election  of  a  justice  of  the  supreme  court  thereafter  there 
shall  be  eleeted  two  regents  whose  term  of  office  shall  be 
eight  }rears.  When  a  vacancy  shall  occur  in  the  office  of 
regent,  it  shall  be  filled  by  appointment  of  the  governor. 
The  regenvts  thus  elected  shall  constitute  the  boards  of  regents 
of  the  university  of  Michigan. 

Section  7.  The  regents  of  the  university  and  their  suc¬ 
cessors  in  office  shall  continue  to  constitute  the  body  corporate, 
known  by  the  name  and  title  of  “The  Regents  of  the 
University  of  Michigan.” 

Regents  v.  Board  of  Education,  4  Mich.  213;  Regents  v.  Detroit 
Y.  M.  Society,  12  Mich.  138. 

Section  8.  The  regents  of  the  university  shall,  at  their 
first  annual  meeting,  or  as  soon  thereafter  as  may  be,  elect 
a  president  of  the  university,  who  shall  be  ex  officio  a  mem¬ 
ber  of  their  board,  with  the  privilege  of  speaking,  but  not  of 
voting.  He  shall  preside  at  the  meetings  of  the  regents  and 
be  the  principal  executive  officer  of  the  university.  The  board 
of  regents  shall  have  the  general  supervision  of  the  university, 
and  the  direction  and  control  of  all  expenditures  from  the 
university  interest  fund. 

People  v.  Regents,  4  Mich.  98;  People  v.  Auditor  General,  17 
Mich.  161;  People  v.  Regents,  18  Mich.  469;  People  v.  Regents,  30 
Mich.  473;  University  v.  Rose,  45  Mich.  284. 

Section  9.  There  shall  be  elected  at  the  general  election 
in  the  year  one  thousand  eight  hundred  and  fifty-two  three 
members  of  a  state  board  of  education :  one  for  two  years, 
one  for  four  years,  and  one  for  six  years ;  and  at  each 
succeeding  biennial  election  there  shall  be  elected  one  mem¬ 
ber  of  such  board,  who  shall  hold  his  office  for  six  }’ears. 
The  superintendent  of  public  instruction  shall  be  cx  officio  a 
member  and  secretary  of  such  board.  The  board  shall  have 
the  general  supervision  of  the  state  normal  school,  and  their 
duties  shall  be  prescribed  by  law. 


Art.  XIV. 


STATE  OF  MICHIGAN. 


41 


Section  10.  Institutions  for  the  benefit  of  those  inhabitants  Asylums, 
who  are  deaf,  dumb,  blind  or  insane  shall  always  be  fostered 
and  supported. 

Van  Dusan  v.  Newcomer,  40  Mich.  90. 


Section  11.  The  legislature  shall  encourage  the  promotion  Agricultural 

.  .  .  .  .  school. 

of  intellectual,  scientific  and  agricultural  improvement ;  and 
shall,  as  soon  as  practicable,  provide  for  the  establishment  of 
an  agricultural  school.  The  legislature  may  appropriate  the  Appropriation 

of  land  for. 

twenty-two  sections  of  salt  spring-  lands  now  unappropriated, 
or  the  money  arising  from  the  sale  of  the  same,  where  such 
lands  have  been  already  sold,  and  any  land  which  may  here¬ 
after  be  granted  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  such  school,  and  may  make  the  May  he  made 

.  .  .  branch  of 

same  a  branch  of  the  university,  for  instruction  m  agriculture  university, 
and  the  natural  sciences  connected  therewith,  and  place  the 
same  under  the  supervision  of  the  regents  of  the  university. 

(t)  Section  12.  The  legislature  shall  also  provide  for  the  Town 
establishment  of  at  least  one  library  in  each  township  and 
city,  and  all  fines  assessed  and  collected  in  the  several  counties 
and  townships  for  any  breach  of  the  penal  laws  shall  be 
exclusively  applied  to  the  support  of  such  libraries,  unless 
otherwise  ordered  by  the  township  board  of  any  township  or 
the  board  of  education  of  any  city:  Provided ,  That  in  no 
case  shall  such  fines  be  used  for  other  than  library  or  school 
purposes. 

People  v.  Jackson,  8  Mich.  110;  People  v.  Treasurer  Wayne  Co., 

8  Mich.  392;  Attorney  General  v.  St.  Clair,  11  Mich.  63;  Wayne  Co. 
v.  Detroit,  17  Mich.  390;  People  v.  Controller  of  Detroit,  18  Mich. 

445;  Mixer  v.  Sup.  of  Manistee,  26  Mich.  422;  Young-blood  v.  Sexton, 

32  Mich.  406;  Fennell  v.  C.  C.  Bay  City,  36  Mich.  186;  Belles  v. 

Burr,  76  Mich.  1. 


ARTICLE  XIV. 

FINANCE  AND  TAXATION. 

Section  1.  All  specific  state  taxes,  except  those  received  specific  taxes, 
from  the  mining  companies  of  the  upper  peninsula,  shall  be 
applied  in  paying  the  interest  upon  the  primary  school, 
university  and  other  educational  funds,  and  the  interest  and 
principal  of  the  state  debt,  in  the  order  herein  recited,  until 

(t)  As  amended  by  joint  resolution  No.  25,  public  acts  1879,  p.  312;  ratified  April 
election,  1881. 

6 


42 


CONSTITUTION  OF  THE 


Art.  XIV. 


Tax  for  state 
expenses. 


Sinking-  fund. 


State  may 

contract 

debts. 


To  repel 
invasions. 


Money,  how 
paid  out. 


State  credit. 


the  extinguishment  of  the  state  debt,  other  than  the  amounts 
due  to  educational  funds,  when  such  specific  taxes  shall  be 
added  to,  and  constitute  a  part  of  the  primary  school  interest 
fund.  The  legislature  shall  provide  for  an  annual  tax, 
sufficient  with  other  resources,  to  pay  the  estimated  expenses 
of  the  state  government,  the  interest  of  the  state  debt,  and 
such  deficiency  as  may  occur  in  the  resources. 

Walcott  v.  People,  17  Mich.  68;  People  v.  Salem,  20  Mich.  452; 
Youngblood  v.  Sexton,  32  Mich.  406;  Aud.  Gen.  v.  State  Treasurer, 
45  Mich.  161;  Take  Superior  Ship  Canal,  etc.,  v.  Aud.  Gen.,  79  Mich. 
351;  Eongyear  v.  Buck,  83  Mich.  236;  Chambe  v.  Durfee,  100  Mich. 
112. 


Section  2.  The  legislature  shall  provide  by  law  a  sinking 
fund  of  at  least  twenty  thousand  dollars  a  year  to  commence 
in  eighteen  hundred  and  fifty-two,  with  compound  interest  at 
the  rate  of  six  per  cent  per  annum,  and  an  annual  increase  of 
at  least  five  per  cent,  to  be  applied  solely  to  the  payment 
and  extinguishment  of  the  principal  of  the  state  debt,  other 
than  the  amounts  due  to  educational  funds,  and  shall  be 
continued  until  the  extinguishment  thereof.  The  unfunded 
debt  shall  not  be  funded  or  redeemed  at  a  value  exceeding 
that  established  by  law  in  one  thousand  eight  hundred  and 
forty-eight. 

Aud.  Gen.  v.  State  Treas.,  45  Mich.  161. 

Section  3.  The  state  may  contract  debts  to  meet  deficits 
in  revenue.  Such  debts  shall  not  in  the  aggregate  at  any 
one  time  exceed  fifty  thousand  dollars.  The  moneys  so  raised 
shall  be  applied  to  the  purposes  for  which  they  were  obtained, 
or  to  the  payment  of  the  debts  so  contracted. 

Section  4.  The  state  may  contract  debts  to  repel  invasion, 
suppress  insurrection,  or  defend  the  state  in  time  of  war. 
The  money  arising  from  the  contracting  of  such  debts  shall 
be  applied  to  the  purposes  for  which  it  was  raised,  or  to  repay 
such  debts. 

Section  5.  No  money  shall  be  paid  out  of  the  treasury 
except  in  pursuance  of  appropriations  made  by  law. 

Section  6.  The  credit  of  the  state  shall  not  be  granted 
to,  or  in  aid  of,  any  person,  association  or  corporation. 

People  v.  Salem,  20  Mich.  452;  Bay  City  v.  State  Treasurer,  23 
Mich.  499;  Thomas  v.  Port  Huron,  27  Mich.  320. 


Art.  XIV. 


STATE  OF  MICHIGAN. 


43 


Section  7.  No  scrip,  certificate,  or  other  evidence  of  state  issue  of  scrip, 
indebtedness  shall  be  issued,  except  for  the  redemption  of 
stock  previously  issued,  or  for  such  debts  as  are  expressly 
authorized  in  this  constitution. 

Section  8.  The  state  shall  not  subscribe  to,  or  be  inter-  state  not  to 

,  .  .  .  own  stock. 

ested  in,  the  stock  of  any  company,  association  or  corporation. 

People  v.  Salem,  20  Mich.  452;  Bay  City  v.  State  Treasurer,  23 
Mich.  499. 

(u)  Section  9.  The  state  shall  not  be  a  party  to,  or  inter-  works  of 
ested  in,  any  work  of  internal  improvement,  nor  engaged  in  i  mprovement. 
carrying  on  any  such  work,  except  in  the  expenditure  of 
grants  to  the  state  of  land  or  other  property:  Provided , 
however ,  That  the  legislature  of  the  state,  by  appropriate 
legislation,  may  authorize  the  city  of  Grand  Rapids  to  issue 
its  bonds  for  the  improvement  of  the  navigation  of  Grand 
river. 

Ryerson  v.  Utley,  16  Mich.  269;  People  v.  Salem,  20  Mich.  452: 

Bay  City  v.  Treasurer,  23  Mich.  499;  Hubbard  v.  Spring-wells,  25 
Mich.  153;  Thomas  v.  Port  Huron,  27  Mich.  320;  Attorney  General 
v.  E.  S.  S.  C.  Co.,  32  Mich.  233;  Benjamin  v.  Manistee  R.  I.  Co.,  42 
Mich.  628;  Rogers  v.  Port  Huron  &  E.  M.  R.  R.,  45  Mich.  463; 

Manistee  River  Imp.  Co.  v.  Sands,  53  Mich.  594;  Anderson  v.  Hill, 

54  Mich.  487;  Sparrow  v.  Comr.  Land  Office,  56  Mich.  571;  Wilcox 
v.  Paddock,  65  Mich.  23;  Sanilac  County  v.  Auditor  General,  68 
Mich.  659;  Gillett  v.  McLaughlin,  69  Mich.  547. 

Section  10.  The  state  may  continue  to  collect  all  specific  To  collect 

specific  tax. 

taxes  accruing  to  the  treasury  under  existing  laws.  The 
legislature  may  provide  for  the  collection  of  specific  taxes 
from  banking,  railroad,  plank  road  and  other  corporations 
hereafter  created. 

Walcott  v.  People,  17  Mich.  68;  Kitson  v.  Mayor  Ann  Arbor,  26 
Mich.  325;  Youngblood  v.  Sexton,  32  Mich.  406;  Jackson  Mining  Co. 
v.  Aud.  General,  32  Mich.  488;  First  National  Bank  v.  St.  Joseph, 

46  Mich.  530. 

Section  11.  The  legislature  shall  provide  an  uniform  rule  uniform  rate 

.  .  .  of  taxation. 

of  taxation,  except  on  property  paying  specific  taxes,  and 
taxes  shall  be  levied  on  such  property  as  shall  be  prescribed 
by  law. 

Williams  v.  Mayor,  2  Mich.  560;  People  v.  Aud.  Gen’l,  7  Mich. 

84;  Woodbridge  v.  Detroit,  8  Mich.  275;  Walcott  v.  People,  17  Mich. 

68;  Motz  v.  Detroit,  18  Mich.  495;  Hoyt  v.  Eiast  Saginaw,  19  Mich. 

39;  Kitson  v.  Mayor  Ann  Arbor,  26  Mich.  325;  Powers’  Appeal,  29 


(u)  As  amended  by  joint  resolution  No.  9,  public  acts  1893;  ratified  April  election,  1893. 


44 


CONSTITUTION  OF  THE 


Art.  XV. 


Assessments. 


Equalization. 


Laws  impos¬ 
ing-  taxes. 


How  corpora¬ 
tions  formed. 


Legislature 
may  create 
single  bank, 


Mich.  504;  Warren  v.  Grand  Haven,  30  Mich.  24;  Young-blood  v. 
Sexton,  32  Mich.  406;  Jones  v.  Commissioners,  34  Mich.  273;  Thomas 
v.  Gain,  35  Mich.  155;  Albany  and  B.  Mining-  Co.  v.  Aud.  Gen’l,  37 
Mich.  391;  Reithmiller  v.  People,  44  Mich.  280;  Sheley  v.  Detroit,  45 
Mich.  431;  Van  Horn  v.  People,  46  Mich.  183;  Chaffee’s  Appeal,  56* 
Mich.  253;  Farg-o  v.  Auditor  General,  57  Mich.  606;  Wilcox  v.  Pad- 
dock,  65  Mich.  23;  Supervisors  of  Chippewa  Co.  v.  Aud.  Gen’l,  65 
Mich.  408;  City  of  Detroit  v.  Daly,  68  Mich.  503;  Davenport  v.  Aud. 
Gen’l,  70  Mich.  192;  Attorney  Gen’l  v.  Supervisors,  71  Mich.  16; 
Wilcox  v.  Eagle,  81  Mich.  271;  Common  Council  v.  Assessors,  91 
Mich.  78;  Manistee  Dumber  Co.  v.  Township,  92  Mich.  277;  Stand¬ 
ard  Eife  and  Accident  Ins.  Co.  v.  Assessors,  95  Mich.  466. 

Section  12.  All  assessments  hereafter  authorized  shall  be 
on  property  at  its  cash  value. 

Williams  v.  Mayor,  2  Mich.  560;  Woodbridge  v.  Detroit,  8  Mich. 
274;  Walcott  v.  People,  17  Mich.  68;  Motz  v.  Detroit,  18  Mich.  495; 
Hoyt  v.  E.  Saginaw,  19  Mich.  39;  Kitson  v.  Mayor  Ann  Arbor,  26 
Mich.  325;  Powers’  Appeal,  29  Mich.  504:  Warren  v.  Gd.  Haven,  30 
Mich.  24;  Jones  v.  Commissioners,  34  Mich.  273;  Thomas  v.  Gain. 
35  Mich.  155;  A.  &  B.  Mining  Co.  v.  Aud.  Gen’l,  37  Mich.  391;  Avery 
&  Eddy  v.  East  Saginaw,  44  Mich.  587;  Sheley  v.  Detroit,  45  Mich. 
431;  Attorney  General  v.  Supervisors  (Taxation  of  Mortgages),  71 
Mich.  16;  Common  Council  v.  Assessors,  91  Mich.  78;  Standard  Life 
and  Accident  Ins.  Co.  v.  Assessors,  95  Mich.  466. 

Section  13.  The  legislature  shall  provide  for  an  equaliza¬ 
tion  by  a  state  board  in  the  year  one  thousand  eig-ht  hundred 
and  fifty-one,  and  every  fifth  year  thereafter,  of  assessments 
on  all  taxable  property  except  that  paying-  specific  taxes. 

Section  14.  Every  law  which  imposes,  continues  or  revives 
a  tax  shall  distinctly  state  the  tax,  and  the  object  to  which 
it  is  to  be  applied ;  and  it  shall  not  be  sufficient  to  refer  to 
any  other  law  to  fix  such  tax  or  object. 

People  v.  Mahaney,  13  Mich.  481;  Walcott  v.  People,  17  Mich.  68; 
Westinghausen  v.  People,  44  Mich.  265;  Trowbridge  v.  Detroit,  99 
Mich.  443;  Chambe  v.  Durfee,  100  Mich.  112. 

ARTICLE  XV. 

CORPORATIONS. 

(v)  Section  1.  Corporations  may  be  formed  under  g-eneral 
laws  but  shall  not  be  created  by  special  act  except  for 
municipal  purposes.  All  laws  passed  pursuant  to  this  section 
may  be  amended,  altered  or  repealed.  But  the  legislature 
may,  by  a  vote  of  two-thirds  of  the  members  elected  to  each 
house,  create  a  sing-le  bank  with  branches. 


;  v  )  As  amended  by  joint  resolution  No.  17,  laws  of  1861,  p.  589;  ratified  election  1862. 


Art.  XV. 


STATE  OF  MICHIGAN. 


45 


People  v.  J.  &  M.  P.  R.  Co.,  9  Mich.  285;  Joy  v.  J.  &  M.  P.  R.  Co., 

11  Mich.  155;  East  Sag-inaw  Manufacturing-  Co.  v.  East  Saginaw, 

19  Mich.  294;  G.  R.  N.  &  E.  S.  R.  R.  Co.  v.  G.  R.  &  I.  R.  R.  Co.,  35 
Mich.  269;  Nelson  v.  McArthur,  38  Mich.  204;  Doyle  v.  Misner,  42 
Mich.  332;  Mok  v.  Detroit  B.  &  S.  Association,  30  Mich.  511;  Detroit 
St.  R.  v.  Guthard,  51  Mich.  180;  Mason  v.  Perkins,  73  Mich.  303; 

Isle  Royal,  etc.,  Cor.  v.  Osmun,  76  Mich.  162;  Kent  Co.  Ag.  So.  v. 

Houseman,  81  Mich.  609;  Bissell  v.  Heath,  98  Mich.  472;  Stimson  v. 

Muskeg’on  Booming-  Co.,  100  Mich.  347. 

(w)  Section  2.  No  g-eneral  banking  law  shall  have  effect  Banking-  law 

°  .  to  be  voted  on. 

until  the  same  shall,  after  its  passag-e,  be  submitted  to  a  vote 
of  the  electors  of  the  state  at  a  g-eneral  election  and  be 
approved  by  a  majority  of  the  votes  cast  thereon  at  such 
election. 

Bissell  v.  Heath,  98  Mich.  472. 

( x )  Section  3.  The  officers  and  stockholders  of  every  inability  of 

.  ,  ,  ,  stockholders. 

corporation  or  association  for  banking-  purposes,  issuing-  bank 
notes  or  paper  credits  to  circulate  as  money,  shall  be  indi¬ 
vidually  liable  for  all  debts  contracted,  during-  the  term  of 
their  being-  officers  or  stockholders  of  such  corporation  or 
association,  equally  and  ratably  to  the  extent  of  their  respective 
shares  of  stock  in  any  such  corporation  or  association. 

(y)  Section  4.  For  all  banks  org-anized  under  g-eneral  Registry  of 
laws,  the  legislature  shall  provide  for  the  registry  of  all  bills 

or  notes  issued  or  put  in  circulation  as  money,  and  shall 
require  security  to  the  full  amount  of  notes  and  bills  so  Security 

required. 

registered,  in  state  or  United  States  stocks  bearing-  interest, 
which  shall  be  deposited  with  the  state  treasurer  for  the 
redemption  of  such  bills  or  notes  in  specie. 

Section  5.  In  case  of  the  insolvency  of  any  bank  or  Biii-hoiders 
banking-  association,  the  bill-holders  thereof  shall  be  entitled  preference, 
to  preference  in  payment  over  all  other  creditors  of  such 
bank  or  association. 

Section  6.  The  legislature  shall  pass  no  law  authorizing-  Suspension  of 

.  .  .  r  .  specie  pay- 

or  sanctioning-  the  suspension  of  specie  payments  by  an}^  ments. 
person,  association  or  corporation. 

Section  7.  The  stockholders  of  all  corporations  and  joint  Liability, 
stock  associations  shall  be  individually  liable  for  all  labor 
performed  for  such  corporation  or  association. 

(w)  As  amended  by  joint  resolution  No.  17,  laws  of  1861,  p.  589;  ratified  election  1862. 

(x)  As  amended  by  joint  resolution  No.  11,  laws  of  1859,  p.  1100;  ratified  election  1860. 

(y)  As  amended  by  joint  resolution  No.  17,  laws  of  1861,  p.  589;  ratified  election  1862. 


46 


CONSTITUTION  OF  THE 


Art.  XV. 


Amending- 
acts  of  incor¬ 
poration. 


Property,  how 
taken. 


Terms  of 
corporations. 


Hanson  v.  Donkersley,  37  Mich.  184;  Brockway  v.  Innes,  39  Mich. 
47;  Peck  v.  Miller,  39  Mich.  594;  Arno  v.  Wayne  Judge,  42  Mich. 
362;  Milroy  v.  Spurr  I.  T.  Co.,  43  Mich.  231;  Taylor  v.  Manwaring, 
48  Mich.  171;  Connors  v.  Carp  River  Iron  Co.,  54  Mich.  171. 

Section  8.  The  legislature  shall  pass  no  law  altering  or 
amending  any  act  of  incorporation  heretofore  granted,  without 
the  assent  of  two-thirds  of  the  members  elected  to  each  house; 
nor  shall  any  such  act  be  renewed  or  extended.  This  restric¬ 
tion  shall  not  apply  to  municipal  corporations. 

Joy  v.  J.  &  M.  P.  R.  Co.,  11  Mich.  155;  Attorney  General  v.  Joy, 
55  Mich.  94;  Wilder  v.  Chicago  &  W.  M.  R.  R.,  70  Mich.  382;  Mason 
v.  Perkins,  73  Mich.  320;  Village  of  Highland  Park  v.  Detroit  and 
Birmingham  Plank  Road  Co.,  95  Mich.  489. 

Section  9.  The  property  of  no  person  shall  be  taken  by 
any  corporation  for  public  use,  without  compensation  being 
first  made  or  secured,  in  such  manner  as  may  be  prescribed 
by  law. 

Woodbridge  v.  Detroit,  8  Mich.  274;  G.  R.  Booming  Co.  v.  Jarvis, 
30  Mich.  308;  Vanderlip  v.  Grand  Rapids,  73  Mich.  532;  Truax  v. 
Sterling,  74  Mich.  160;  Board  of  Health  v.  Van  Hoesen,  87  Mich. 
533;  Grand  Rapids  v.  Powers,  89  Mich.  94;  Fuller  v.  City  of  Detroit, 
97  Mich.  597;  People  v.  Eaton,  100  Mich.  208. 

( * )  Section  10.  No  corporation  except  for  municipal  pur¬ 
poses  or  for  the  construction  of  railroads,  plank  roads  and 
canals,  shall  be  created  for  a  longer  time  than  thirty  years ; 
but  the  legislature  may  provide  by  general  laws,  applicable  to 
any  corporations,  for  one  or  more  extensions  of  the  term  of 
such  corporations  while  such  term  is  running,  not  exceeding 
thirty  years  for  each  extension,  on  the  consent  of  not  less 
than  a  two-thirds  majority  of  the  capital  of  the  corporation ; 
and  by  like  general  laws  for  the  corporate  reorganization  for 
a  further  period,  not  exceeding  thirty  years,  of  such  corpora¬ 
tions  whose  terms  have  expired  by  limitation,  on  the  consent 
of  not  less  than  four-fifths  of  the  capital:  Provided,  That  in 
cases  of  corporations  where  there  is  no  capital  stock,  the 
legislature  may  provide  the  manner  in  which  such  corporations 
may  be  reorganized. 

Mok  v.  Detroit  B.  &  S.  Association,  30  Mich.  511;  Mason  v. 
Perkins,  73  Mich.  303;  Kent  Co.  Ag.  So.  v.  Houseman,  81  Mich.  609; 
Ovid  Elevator  Co.  v.  Secretary  of  State,  90  Mich.  466;  Canal  Street 
Gravel  Road  Co.  v.  Paas,  95  Mich.  373. 


(*  As  amended  by  joint  resolution  No.  3.  public  acts  1889:  ratified  April  election,  1889. 


Art.  XV. 


STATE  OF  MICHIGAN. 


47 


Section  11.  The  term  “corporations,”  as  used  in  the  pre¬ 
ceding-  sections  of  this  article,  shall  be  construed  to  include 
all  associations  and  joint  stock  companies  having-  any  of  the 
powers  or  privileges  of  corporations,  not  possessed  by  indi¬ 
viduals  or  partnerships.  All  corporations  shall  have  the 
rig-ht  to  sue  and  be  subject  to  be  sued  in  all  courts  in  like 
cases  as  natural  persons. 

Root  v.  Mayor,  3  Mich.  433;  People  v.  J.  &  M.  P.  R.  Co.,  9  Mich. 
285;  Joy  v.  J.  &  M.  P.  R.  Co.,  11  Mich.  155;  Gurney  v.  Mayor,  11 
Mich.  202;  Seneca  Mining-  Co.  v.  Sec.  State,  82  Mich.  573. 

Section  12.  No  corporation  shall  hold  any  real  estate, 
hereafter  acquired,  for  a  long-er  period  than  ten  years,  except 
such  real  estate  as  shall  be  actually  occupied  by  such  corpora¬ 
tion  in  the  exercise  of  its  franchises. 

Section  13.  The  legislature  shall  provide  for  the  incor¬ 
poration  and  organization  of  cities  and  villag-es,  and  shall 
restrict  their  powers  of  taxation,  borrowing-  money,  contract¬ 
ing-  debts,  and  loaning-  their  credit. 

Smith  v.  Adrian,  1  Mich.  495;  People  v.  Mahaney,  13  Mich.  481; 
Detroit  v.  Blackeby,  21  Mich.  84;  People  v.  Hurlbut,  24  Mich.  44; 
Att’y  General  v.  Eothrop,  24  Mich.  235;  Park  Com’rs  v.  Detroit,  28 
Mich.  228;  Att’y  General  v.  Detroit,  29  Mich.  108;  Shumway  v. 
Bennett,  29  Mich.  451;  Wattles  v.  Eapeer,  40  Mich.  624;  Coon  v. 
Att’y  General,  42  Mich.  65;  Allor  v.  Wayne  Co.  Auditors,  43  Mich. 
102;  Torrent  v.  Muskegon,  47  Mich.  115;  Pingree  v.  Board  of 
Education,  99  Mich.  404. 

Section  14.  Judicial  officers  of  cities  and  villages  shall  be 
elected  and  all  other  officers  shall  be  elected  or  appointed  at 
such  time  and  in  such  manner  as  the  legislature  may  direct. 

People  v.  Hurlbut,  24  Mich.  44;  Attorney  General  v.  Eothrop,  24 
Mich.  235;  Hubbard  v.  Springwells,  25  Mich.  153;  Coon  v.  Attorney 
General,  42  Mich.  65;  People  v.  Reilly,  53  Mich.  260;  Coffin  v. 
Election  Commissioners,  97  Mich.  188. 

Section  15.  Private  property  shall  not  be  taken  for  public 
improvements  in  cities  and  villages  without  the  consent  of 
the  owner,  unless  the  compensation  therefor  shall  first  be 
determined  by  a  jury  of  freeholders  and  actually  paid  or 
secured  in  the  manner  provided  by  law. 

Williams  v.  Mayor,  2  Mich.  560;  Woodbridge  v.  Detroit,  8  Mich. 
274;  Campau  v.  Detroit,  14  Mich.  276;  People  v.  Brighton,  20  Mich. 
57;  Trombley  v.  Auditor  General,  23  Mich.  471;  Mansfield,  C.  &  E. 
M.  R.  R.  Co.  v.  Clark,  23  Mich.  524;  Chicago  &  M.  E.  S.  R.  R.  Co.  v. 
Sanford,  23  Mich.  418;  Horton  v.  Grand  Haven,  24  Mich.  465; 


Construction 
of  term  cor¬ 
poration. 


Rig-ht  to  sue 
and  be  sued. 


Limitation  of 
time  for  hold¬ 
ing-  real  estate. 


Cities  and 
villag-es. 


Election  of 
judicial 
officers  of. 


Private  prop 
erty,  how 
taken. 


48 


CONSTITUTION  OF  THE 


Art.  XVI. 


Notice  for 
charter. 


Of  personal 
property. 


Of  homestead. 


Sheldon  v.  Kalamazoo,  24  Mich.  383;  Arnold  v.  Decatur,  29  Mich. 
77;  Powers’  Appeal,  29  Mich.  504;  G.  R.  B.  Co.  v.  Jarvis,  30  Mich. 
308;  Kroop  v.  Forman,  31  Mich.  144;  Paul  v.  Detroit,  32  Mich.  108; 
Thomas  v.  Gain,  35  Mich.  155;  Ryerson  v.  Brown,  35  Mich.  333; 
G.  R.  N.  &  E.  S.  R.  R.  Co.  v.  G.  R.  &  I.  R.  R.  Co.,  35  Mich.  265; 
Ayres  v.  Richards,  41  Mich.  680;  Chaffee’s  Appeal,  56  Mich.  255; 
City  of  Detroit  v.  Daly,  68  Mich.  503;  In  re  Willis  ave.,  68  Mich. 
635;  See  Art.  18,  Sec.  2,  Detroit  v.  Beecher,  75  Mich.  454;  Fuller  v. 
City  of  Detroit,  97  Mich.  597. 

Section  16.  Previous  notice  of  any  application  for  an 
alteration  of  the  charter  of  any  corporation  shall  be  given  in 
such  manner  as  may  be  prescribed  by  law. 

People  v.  Hurlbut,  24  Mich.  44. 


ARTICLE  XVI. 

EXEMPTIONS. 

Section  1.  The  personal  property  of  every  resident  of  this 
state,  to  consist  of  such  property  only  as  shall  be  designated 
by  law,  shall  be  exempted  to  the  amount  of  not  less  than 
five  hundred  dollars  from  sale  on  execution  or  other  final 
process  of  any  court,  issued  for  the  collection  of  any  debt 
contracted  after  the  adoption  of  this  constitution. 

Wilson  v.  Bartholomew,  45  Mich.  43;  McHugh  v.  Curtis,  48  Mich. 

262. 

Section  2.  Ever}"  homestead  of  not  exceeding  forty  acres  1 
of  land,  and  the  dwelling  house  thereon,  and  the  appurtenances  I 
to  be  selected  by  the  owner  thereof,  and  not  included  in  any  1 
town  plat,  city  or  village  ;  or  instead  thereof,  at  the  option  J 
of  the  owner,  any  lot  in  any  city,  village,  or  recorded  town  i 
plat,  or  such  parts  of  lots  as  shall  be  equal  thereto,  and  the  * 
dwelling  house  thereon,  and  its  appurtenances,  owned  and 
occupied  by  any  resident  of  the  state,  not  exceeding  in  value  1 
fifteen  hundred  dollars,  shall  be  exempt  from  forced  sale  on  ; 
execution,  or  any  other  final  process  from  a  court,  for  any  I 
debt  contracted  after  the  adoption  of  this  constitution.  Such  ; 
exemption  shall  not  extend  to  any  mortgage  thereon,  lawfully  I 
obtained;  but  such  mortgage  or  other  alienation  of  such  land  : 
by  the  owner  thereof,  if  a  married  man,  shall  not  be  valid  1 
without  the  signature  of  the  wife  to  the  same. 


Art.  XVI. 


STATE  OF  MICHIGAN. 


49 


People  v.  Plumstead,  2  Mich.  465;  Wisner  v.  Farnhain,  2  Mich. 

472;  Chamberlain  v.  Eyell,  3  Mich.  448;  Herschfeldt  v.  George,  6 
Mich.  456;  Beecher  v.  Baldy,  7  Mich.  488;  Thomas  v.  Dodge,  8  Mich. 

51;  Dye  v.  Mann,  10  Mich.  291;  McKee  v.  Wilcox,  11  Mich.  358; 

Dyson  v.  Sheley,  11  Mich.  527;  Ring-  v.  Burt,  17  Mich.  465;  Coolidg-e 
v.  Wells,  20  Mich.  79;  Phillips  v.  Stauch,  20  Mich.  369;  Orr  v. 

Shraft,  22  Mich.  260;  Fisher  v.  Meister,  24  Mich.  447;  Comstock  v. 

Comstock,  27  Mich.  97;  Amphlet  v.  Hibbard,  29  Mich.  298;  Hanchett 
v.  McQueen,  32  Mich.  22;  Wallace  v.  Harris,  32  Mich.  380;  Smith  v. 

Rumsey,  33  Mich.  183;  Barber  v.  Rorabeck,  36  Mich.  399;  Bunker  v. 

Paquette,  37  Mich.  79;  Griffin  v.  Johnson,  37  Mich.  87;  Eozo  v. 

Sutherland,  38  Mich.  168;  Drake  v.  Kinsell,  38  Mich.  232;  Stevenson 
v.  Jackson,  40  Mich.  702;  Watertown  Ins.  Co.  v.  G.  R.  S.  M.  Co.,  41 
Mich.  131;  Matson  v.  Melchor,  42  Mich.  477;  Showers  v.  Robinson, 

43  Mich.  502;  Sherrid  v.  Southwick,  43  Mich.  515;  Hammond  v. 

Wells,  45  Mich.  11;  Robinson  v.  Baker,  47  Mich.  619;  Pardo  v. 

Bittorf,  48  Mich.  275;  Patterson  v.  Patterson,  49  Mich.  176;  Reske 
v.  Reske,  51  Mich.  541;  Griffin  v.  Nichols,  51  Mich.  577;  Zoellner  v. 

Zoellner,  53  Mich.  620;  Allen  v.  Caldwell,  55  Mich.  10;  Riggs  v. 

Sterling,  60  Mich.  643;  Mertz  v.  Berry,  59  N.  W.  R.  445. 

Section  3.  The  homestead  of  a  family,  after  the  death  of  of  homestead, 
the  owner  thereof,  shall  be  exempt  from  the  payment  of  his 
debts  contracted  after  the  adoption  of  this  constitution,  in  all 
cases  during-  the  minority  of  his  children. 

Drake  v.  Kinsell,  38  Mich.  232;  Dei  v.  Habel,  41  Mich.  88;  Showers 
v.  Robinson,  43  Mich.  502. 

Section  4.  If  the  owner  of  a  homestead  die,  leaving  a  idem, 
widow,  but  no  children,  the  same  shall  be  exempt,  and  the 
rents  and  profits  thereof  shall  accrue  to  her  benefit  during 
the  time  of  her  widowhood,  unless  she  be  the  owner  of  a 
homestead  in  her  own  right. 

Dei  v.  Habel,  41  Mich.  88. 

Section  5.  The  real  and  personal  estate  of  every  female,  Estates  of 
acquired  before  marriage,  and  all  property  to  which  she  may  ema  es‘ 
afterwards  become  entitled,  by  gift,  grant,  inheritance  or 
devise,  shall  be  and  remain  the  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  the  debts,  obligations 
or  engagements  of  her  husband,  and  may  be  devised  or 
bequeathed  by  her  as  if  she  were  unmarried. 

Brown  v.  Fifield,  4  Mich.  322;  Fisher  v.  Provin,  25  Mich.  347; 

Ransom  v.  Ransom,  30  Mich.  328. 


50 


CONSTITUTION  OF  THE 


Art.  XVIII. 


Militia,  of 
whom  com¬ 
posed. 


Organization. 


Officers, 
election  of. 


Oath  of  office. 


Private  prop¬ 
erty  for  publii 
use. 


ARTICLE  XVII. 

MILITIA. 

(a)  Section  1.  The  militia  shall  be  composed  of  all  able- 
bodied  male  citizens  between  the  ages  of  eighteen  and  forty- 
five  years,  except  such  as  are  exempted  by  the  laws  cf  the 
United  States  or  of  this  state;  but  all  such  citizens,  of  any 
religious  denomination  whatever,  who,  from  scruples  of  con¬ 
science,  may  be  averse  to  bearing  arms,  shall  be  excused 
therefrom  upon  such  conditions  as  shall  be  prescribed  by  law. 

Section  2.  The  legislature  shall  provide  by  law  for  organ¬ 
izing,  equipping  and  disciplining  the  militia,  in  such  manner 
as  they  shall  deem  expedient,  not  incompatible  with  the  laws 
of  the  United  States. 

McRae  v.  Railroad  Co.,  93  Mich.  399. 

Section  3.  Officers  of  the  militia  shall  be  elected  or 
appointed  and  be  commissioned  in  such  manner  as  may  be 
provided  by  law. 


ARTICLE  XVIII. 

MISCELLANEOUS  PROVISIONS. 

Section  1.  Members  of  the  legislature,  and  all  officers, 
executive  and  judicial,  except  such  officers  as  may  by  law  be 
exempted,  shall,  before  they  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation:  “I  do  solemnly  swear  (or  affirm)  that  I  will 
support  the  constitution  of  the  United  States  and  the  consti¬ 
tution  of  this  state,  and  that  I  will  faithfully  discharge  the 

duties  of  the  office  of  - -  according  to  the  best  of  my 

ability.”  And  no  other  oath,  declaration  or  test  shall  be 
required  as  a  qualification  for  any  office  or  public  trust. 

People  v.  May-worm,  5  Mich.  146;  People  v.  Aud.  General,  5  Mich. 
193;  Underwood  v.  McDuffee,  15  Mich.  366;  People  v.  Miller,  16 
Mich.  56;  People  v.  Hurlbut,  24  Mich.  44;  Shurbun  v.  Hooper,  40 
Mich.  503;  Attorney  General  v.  Detroit  Common  Council,  58  Mich. 
223. 

( i> )  Section  2.  When  private  property  is  taken  for  the  use 
or  benefit  of  the  public,  the  necessity  for  using  such  property 

h  As  amended  by  joint  resolution  No.  42,  laws  of  1869,  p.  425;  ratified  election  of  1870. 

b  As  amended  by  joint  resolution  No.  14,  laws  of  1859,  p.  1102:  ratified  election  of  1860. 


Art.  XVIII. 


STATE  OF  MICHIGAN. 


51 


and  the  just  compensation  to  be  made  therefor,  except  when 
to  be  made  by  the  state,  shall  be  ascertained  by  a  jury  of 
twelve  freeholders,  residing  in  the  vicinity  of  such  property, 
or  by  not  less  than  three  commissioners,  appointed  by  a 
court  of  record,  as  shall  be  prescribed  by  law:  Provided , 

The  foregoing  provisions  shall  in  no  case  be  construed  to 
apply  to  the  action  of  commissioners  of  highways  in  the 
official  discharge  of  their  duty  as  highway  commissioners. 

Williams  v.  Mayor,  2  Mich.  560;  Campau  v.  Detroit,  14  Mich.  276; 

People  v.  Highway  Commissioners,  15  Mich.  347;  Ryan  v.  Brown, 

18  Mich.  196;  People  v.  Brighton,  20  Mich.  57;  People  v.  Salem,  20 
Mich.  452;  C.  &  M.  E.  S.  R.  R.  Co.  v.  Sanford,  23  Mich.  418;  Trombly 
v.  Auditor  General,  23  Mich.  471;  M.  C.  &  E.  M.  R.  R  Co.  v.  Clark, 

23  Mich.  519;  Sheldon  v.  Kalamazoo,  24  Mich.  383;  Horton  v.  Grand 
Haven,  24  Mich.  465;  McClary  v.  Hartwell,  25  Mich.  139;  Arnold  v. 

Decatur,  29  Mich.  77;  Powers’  Appeal,  29  Mich.  504;  G.  R.  B.  Co.  v. 

Jarvis,  30  Mich.  308;  Kroop  v.  Forman,  31  Mich.  144;  Paul  v. 

Detroit,  32  Mich.  108;  Thomas  v.  Gain,  35  Mich.  155;  G.  R.  N.  &  E. 

S.  R.  R.  Co.  v.  G.  R.  &  I.  R.  R.  Co.,  35  Mich.  265;  Ryerson  v.  Brown, 

35  Mich.  333;  Ayers  v.  Richards,  38  Mich.  214,  41  Mich.  680;  People 
v.  E.  S.  &  M.  S.  R.  R.  Co.,  52  Mich.  284;  Bourchard  v.  Bourassa,  57 
Mich.  8;  In  re  Opening  First  Street,  58  Mich.  641;  Callanan  v.  Port 
Huron  &  N.  W.  R.  R.,  61  Mich.  14;  City  of  Detroit  v.  Daly,  68  Mich. 

503;  In  re  Willis  Ave.,  68  Mich.  635;  Pearsall  v.  Supervisors,  71 
Mich.  445;  Vanderlip  v.  Grand  Rapids,  73  Mich.  532;  Truax  v. 

Sterling,  74  Mich.  160;  Detroit  v.  Beecher,  75  Mich.  454;  People  v. 

D.  G.  H.  &  M.  R.  R.  Co.,  79  Mich.  471;  Taylor  v.  Street  Railway  Co., 

80  Mich.  77;  City  of  Owosso  v.  Richfield,  80  Mich.  328. 

Section  3.  No  mechanical  trade  shall  hereafter  be  taught  Mechanical 
to  convicts  in  the  state  prison  of  this  state,  except  the  man-  prison, 
ufacture  of  those  articles  of  which  the  chief  supply  for  home 
consumption  is  imported  from  other  states  or  countries. 

People  v.  Insp’r,  etc.,  State  Prison,  4  Mich.  187. 

Section  4.  No  navigable  stream  in  this  state  shall  be  Navigable 
either  bridged  or  dammed  without  authority  from  the  board  streams* 
of  supervisors  of  the  proper  county  under  the  provisions  of 
law.  No  such  law  shall  prejudice  the  right  of  individuals  to 
the  free  navigation  of  such  streams,  or  preclude  the  state 
from  the  further  improvement  of  the  navigation  of  such 
streams. 

Moore  v.  Sanborn,  2  Mich.  520;  Eorman  v.  Benson,  8  Mich.  18; 

Tyler  v.  People,  8  Mich.  320;  Ryan  v.  Brown,  18  Mich.  196;  Powers 
v.  Irish,  23  Mich.  429;  G.  R.  B.  Co.  v.  Jarvis,  30  Mich.  429;  Thunder 
Bay  B.  Co.  v.  Speechly,  31  Mich.  336;  Clay  v.  Pennoyer,  etc.,  34 
Mich.  204;  Fox  v.  Holcomb,  34  Mich.  298;  Attorney  General  v. 


Public 

moneys. 


Laws,  etc.,  to 
be  in  English. 


Right  to  bear 
arms. 


Militarj’ 
subordinate  to 
civil  power. 

Quartering  of 
soldiers. 


Right  of  peti¬ 
tion. 


Slavery  pro¬ 
hibited. 


Leases. 


Aliens  may 
hold  propertj'. 


Private  prop¬ 
erty. 


CONSTITUTION  OF  THE  Art.  XVIII. 

Evart  B.  Co.,  34  Mich.  462;  Maxwell  v.  Bridge  Co.,  41  Mich.  453; 
Benjamin  v.  Manistee  Co.,  42  Mich.  628;  Nelson  v.  Cheboygan  S. 
W.  Nav.  Co.,  44  Mich.  7;  Shepherd  v.  Gates,  50  Mich.  495;  Grand 
Rapids  v.  Powers,  89  Mich.  94;  LaPlaisance  Bay  Co.  v.  Monroe, 
Walk.  Ch.  155. 

Section  5.  An  accurate  statement  of  the  receipts  and 
expenditures  of  the  public  moneys  shall  be  attached  to,  and 
published  with,  the  laws  at  every  regular  session  of  the 
legislature. 

Section  6.  The  laws,  public  records,  and  the  written 
judicial  and  legislative  proceedings  of  the  state  shall  be  con¬ 
ducted,  promulgated  and  preserved  in  the  English  language. 

Section  7.  Every  person  has  a  right  to  bear  arms  for  the 
defense  of  himself  and  the  state. 

Section  8.  The  military  shall,  in  all  cases,  and  at  all 
times,  be  in  strict  subordination  to  the  civil  power. 

Section  9.  No  soldier  shall,  in  time  of  peace,  be  quartered 
in  any  house  without  the  consent  of  the  owner  or  occupant, 
nor  in  time  of  war,  except  in  a  manner  prescribed  by  law. 

Section  10.  The  people  have  the  right  peaceably  to 
assemble  together,  to  consult  for  the  common  good,  to 
instruct  their  representatives,  and  to  petition  the  legislature 
for  redress  of  grievances. 

State  tax  law  cases,  54  Mich.  282. 

Section  11.  Neither  slavery,  nor  involuntary  servitude, 
unless  for  the  punishment  of  crime,  shall  ever  be  tolerated  in 
this  state. 

People  v.  Hanrahan,  75  Mich.  620. 

Section  12.  No  lease  or  grant  hereafter  of  agricultural 
land  for  a  longer  period  than  twelve  years,  reserving  any 
rent  or  service  of  an}'  kind,  shall  be  valid. 

Section  13.  Aliens  who  are,  or  who  may  hereafter  become, 
bona  fide  residents  of  this  state,  shall  enjoy  the  same  rights 
in  respect  to  the  possession,  enjoyment  and  inheritance  of 
property,  as  native  born  citizens. 

Crane  v.  Reeder,  21  Mich.  24;  Thompson  v.  Waters,  25  Mich.  214. 

Section  14.  The  property  of  no  person  shall  be  taken  for 
public  use  without  just  compensation  therefor.  Private  roads 
may  be  opened  in  the  manner  to  be  prescribed  by  law ;  but 
in  every  case  the  necessity  of  the  road  and  the  amount  of 


Art.  XIX. 


STATE  OF  MICHIGAN. 


53 


all  damages  to  be  sustained  by  the  opening  thereof  shall  be  Private  roads, 
first  determined  by  a  jury  of  free-holders  ;  and  such  amount, 
together  with  the  expenses  of  proceedings,  shall  be  paid  by 
the  person  or  persons  to  be  benefited. 

Williams  v.  Mayor,  2  Mich.  560;  Paul  v.  Detroit,  32  Mich.  108; 

Ayers  v.  Richards,  38  Mich.  214;  Chaffee’s  Appeal,  56  Mich.  253; 

Toledo,  A.  A.  &  Nor.  R.  R.  v.  Munson,  57  Mich.  44;  Vanderlip  v. 

Grand  Rapids,  73  Mich.  532;  Truax  v.  Sterling-,  74  Mich.  160;  Fuller 
v.  City  of  Detroit,  97  Mich.  597. 

Section  15.  No  general  revision  of  the  laws  shall  hereafter  Revision  of 
be  made.  When  a  reprint  thereof  becomes  necessary,  the  a"h 
legislature  in  joint  convention  shall  appoint  a  suitable  person 
to  collect  together  such  acts  and  parts  of  acts  as  are  in  force, 
and  without  alteration,  arrange  them  under  appropriate  heads 
and  titles.  The  law  so  arranged  shall  be  submitted  to  two  commission- 
commissioners  appointed  by  the  governor  for  examination,  and  fne. 
if  certified  by  them  to  be  a  correct  compilation  of  all  general 
laws  in  force,  shall  be  printed  in  such  manner  as  shall  be 
prescribed  by  law. 

Stewart  v.  Riopelle,  48  Mich.  178. 


ARTICLE  XIX. 

UPPER  PENINSULA. 

(c)  Section  1.  The  counties  of  Mackinac,  Chippewa,  Delta,  upper  penin¬ 
sula.  See 

Marquette,  Schoolcraft,  Houghton  and  Ontonagon,  and  the  schedule, 
islands  and  territory  thereunto  attached,  the  islands  of  Lake 
Superior,  Huron  and  Michigan,  and  in  Green  Bay  and  the 
Straits  of  Mackinac  and  the  River  Ste.  Marie,  shall  constitute 
a  separate  judicial  district,  and  be  entitled  to  a  district  judge 
and  district  attorney. 

(<i)  Section  2.  The  district  judge  shall  be  elected  by  the  Dist  rict  judge 
electors  of  such  district,  and  shall  perform  the  same  duties 
and  possess  the  same  powers  as  a  circuit  judge  in  his  circuit, 
and  shall  hold  his  office  for  the  same  period. 

( e  )  Section  3.  The  district  attorney  shall  be  elected  every  Attorney, 
two  years  by  the  electors  of  the  district,  shall  perform  the 
duties  of  prosecuting  attorney  throughout  the  entire  district, 


(  c  )  See  act  150,  laws  1863,  p.  281. 

( d )  See  act  150,  laws  1863,  p.  281.  See  schedule,  Sec.  26. 
( e  )  See  act  191,  laws  1865,  p.  320. 


54 


CONSTITUTION  OF  THE 


Art.  XIX. 


Senators  and 
representa¬ 
tives. 


Compensation 
of  judges,  etc. 


See  Const., 
Art.  4,  Sec.  15. 


Election, 
when  to  take 
place. 


Mining-  taxes. 


Location  of 
state  prison. 


Mining-  com¬ 
panies. 


and  may  issue  warrants  for  the  arrest  of  offenders  in  cases  of 
felony,  to  be  proceeded  with  as  shall  be  prescribed  by  law. 

Section  4.  Such  judicial  district  shall  be  entitled  at  all 
times  to  at  least  one  senator,  and  until  entitled  to  more  by 
its  population,  it  shall  have  three  members  of  the  house  of 
representatives,  to  be  apportioned  among*  the  several  counties 
by  the  legislature. 

Section  5.  The  legislature  may  provide  for  the  pa}’ment 
of  the  district  judg*e  a  salary  not  exceeding*  one  thousand 
dollars  a  year,  and  of  the  district  attorney  not  exceeding 
seven  hundred  dollars  a  year ;  and  may  allow  extra  compen¬ 
sation  to  the  members  of  the  legislature  from  such  territory, 
not  exceeding  two  dollars  a  day  during  any  session. 

( f )  Section  6.  That  elections  for  all  district  or  county 
officers,  state  senators  or  representatives,  within  the  bound¬ 
aries  defined  in  this  article,  shall  take  place  on  the  Tuesday 
succeeding  the  first  Monday  of  November  in  the  respective 
3Tears  in  which  they  may  be  required.  The  county  canvass 
shall  be  held  on  the  first  Monda}T  thereafter,  and  the  district 
canvass  on  the  third  Monday  of  said  November. 

Section  7.  One-half  of  the  taxes  received  into  the  treasury 
from  mining  corporations  in  the  upper  peninsula,  paying  an 
annual  state  tax  of  one  per  cent,  shall  be  paid  to  the 
treasurers  of  the  counties  from  which  it  is  received ;  to  be 
applied  for  township  and  county  purposes,  as  provided  by 
law.  The  legislature  shall  have  power,  after  the  year  one 
thousand  eight  hundred  and  fiftj^-five,  to  reduce  the  amount 
to  be  refunded. 

People  v.  Auditor  General,  9  Mich.  141;  Walcott  v.  People,  17 
Mich.  68. 

Section  8.  The  legislature  may*  change  the  location  of  the 
state  prison  from  Jackson  to  the  upper  peninsula. 

Section  9.  The  charters  of  the  several  mining  corporations 
may  be  modified  by  the  legislature,  in  regard  to  the  term 
limited  for  subscribing  to  stock,  and  in  relation  to  the  quantity 
of  land  which  a  corporation  shall  hold ;  but  the  capital  shall 
not  be  increased,  nor  the  time  for  the  existence  ot  charters 
extended.  No  such  corporation  shall  be  permitted  to  purchase 


(  f )  As  amended  by  joint  resolution  No.  17,  laws  of  1861.  p.  589;  ratified  election  of  1862. 


Art.  XX. 


STATE  OF  MICHIGAN. 


55 


or  hold  any  real  estate,  except  such  as  shall  be  necessary  for 
the  exercise  of  its  corporate  franchises. 

Mason  v.  Perkins,  73  Mich.  303. 


(s)  ARTICLE  XIX-A. 


RAILROADS. 


Section  1.  The  legislature  may,  from  time  to  time,  pass  Railroad  fares 

laws  establishing  reasonable  maximum  rates  of  charges  for and  frei&hts' 

the  transportation  of  passengers  and  freight  on  different 

railroads  in  this  state,  and  shall  prohibit  running  contracts 

between  such  railroad  companies  whereby  discrimination  is  Discrimina¬ 
tion  pro- 

made  in  favor  of  either  of  such  companies  as  against  other  hibited. 
companies  owning  connecting  or  intersecting  lines  of  railroad. 

Wellman  v.  Chicago  &  G.  T.  R.  R.  Co.,  83  Mich.  592,  143  U.  S.  339. 

Section  2.  No  railroad  corporation  shall  consolidate  its  competing 
stock,  property,  or  franchises  with  any  other  railroad  corpora-  consolidate, 
tion,  owning  a  parallel  or  competing  line ;  and  in  no  case 
shall  any  consolidation  take  place  except  upon  public  notice  Notice  of  con- 

.  .  solidation. 

given  of  at  least  sixt}7  days  to  all  stockholders,  in  such  manner 
as  shall  be  provided  by  law. 

F.  &  P.  M.  R.  R.  Co.  v.  Rich,  Commissioner  of  Railroads,  91 
Mich.  293. 


ARTICLE  XX. 


AMENDMENT  AND  REVISION  OF  THE  CONSTITUTION. 


(a)  Section  1.  Any  amendment  or  amendments  to  this  Amendments 

.  .  rto  constitu- 

constitution  may  be  proposed  m  the  senate  or  house  ot  tion. 
representatives.  If  the  same  shall  be  agreed  to  by  two-thirds 
of  the  members  elected  to  each  house,  such  amendment  or 
amendments  shall  be  entered  on  the  journals  respective^, 
with  the  yeas  and  nays  taken  thereon,  and  the  same  shall  be 
submitted  to  the  electors  at  the  next  spring  or  autumn  election 
thereafter,  as  the  legislature  shall  direct ;  and  if  a  majority 
of  electors  qualified  to  vote  for  members  of  the  legislature, 
voting  thereon,  shall  ratify  and  approve  such  amendment  or 
amendments,  the  same  shall  become  part  of  the  constitution. 


( g  )  Submitted  by  joint  resolution  No.  1,  laws  of  1870,  p.  13;  ratified  election  of  1870. 

(  h  )  As  amended  by  joint  resolution  No.  29,  public  acts  1875,  p.  310;  ratified  election  of 

1876. 


56 


CONSTITUTION  OF  THE 


SCHED. 


Revision  of 
the  constitu¬ 
tion. 


Laws  to  re¬ 
main  in  force. 


Continuance 
of  writs, 
actions,  etc. 


Westing-hausen  v.  People,  44  Mich.  265;  Seneca  Mining  Co.  v. 
Secretary  of  State,  82  Mich.  573. 

( i )  Section  2.  At  the  general  election  to  be  held  in  the 
year  one  thousand  eight  hundred  and  sixty-six,  and  in  each 
sixteenth  year  thereafter,  and  also  at  such  other  times  as  the 
legislature  may  by  law  provide,  the  question  of  the  general 
revision  of  the  constitution  shall  be  submitted  to  the  electors 
qualified  to  vote  for  members  of  the  legislature,  and  in  case 
a  majority  of  the  electors  so  qualified  voting  at  such  election, 
shall  decide  in  favor  of  a  convention  for  such  purpose,  the 
legislature,  at  the  next  session,  shall  provide  by  law  for  the 
election  of  such  delegates  to  such  convention.  All  the 
amendments  shall  take  effect  at  the  commencement  of  the 
year  after  their  adoption. 

Seneca  Mining  Co.  v.  Sec.  of  State,  82  Mich.  573. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  changes  in  the 
constitution  of  this  state,  and  in  order  to  carry  the  same  into 
complete  operation,  it  is  hereby  declared,  that 

Douvielle  v.  Manistee  Supervisors,  40  Mich.  585. 

Section  1.  The  common  law  and  the  statute  laws  now  in 
force,  not  repugnant  to  this  constitution,  shall  remain  in  force 
until  they  expire  by  their  own  limitations,  or  are  altered  or 
repealed  by  the  legislature. 

May  v.  Rumney,  1  Mich.  3;  Stout  v.  Keyes,  2  Doug.  188;  Beecher 
v.  Baldy,  7  Mich.  488;  Lorman  v.  Benson,  8  Mich.  18;  Walcott  v. 
People,  17  Mich.  68;  Fisher  v.  Provin,  25  Mich.  347. 

Section  2.  All  writs,  actions,  causes  of  action,  prosecutions 
and  rights  of  individuals  and  of  bodies  corporate,  and  of  the 
state,  and  all  charters  of  incorporation,  shall  continue ;  and 
all  indictments  which  shall  have  been  found  or  which  may 
hereafter  be  found,  for  any  c.rime  or  offense  committed  before 
the  adoption  of  this  constitution,  may  be  proceeded  upon  as 
if  no  change  had  taken  place.  The  several  courts,  except  as 
herein  otherwise  provided,  shall  continue  with  the  like  powers 
and  jurisdiction,  both  at  law  and  in  equity,  as  if  this  consti¬ 
tution  had  not  been  adopted,  and  until  the  organization  of 
the  judicial  department  under  this  constitution. 


(  i  )  As  amended  by  joint  resolution  No.  17,  laws  of  18t>l,  p.  589;  ratified  election  of  1862. 


SCHED. 


STATE  OF  MICHIGAN. 


57 


Section  3.  That  all  fines,  penalties,  forfeitures  and  escheats,  Fines,  etc. 
accruing-  to  the  state  of  Michig-an  under  the  present  constitu¬ 
tion  and  laws,  shall  accrue  to  the  use  of  the  state  under  this 
constitution. 

Section  4.  That  all  recognizances,  bonds,  obligations,  and  Reco^ni- 

#  zances,  bonds 

all  other  instruments  entered  into  or  executed  before  the  a.nd  obliga¬ 
tions. 

adoption  of  this  constitution,  to  the  people  of  the  state  of 
Michig-an,  to  any  state,  county  or  township,  or  any  public 
officer,  or  public  body,  or  which  may  be  entered  into  or 
executed,  under  existing-  laws,  “to  the  people  of  the  state  of 
Michigan,”  to  any  such  officer  or  public  body,  before  the 
complete  organization  of  the  departments  of  government 
under  this  constitution,  shall  remain  binding  and  valid;  and 
rights  and  liabilities  upon  the  same  shall  continue  and  may 
be  prosecuted  as  provided  by  law.  And  all  crimes  and 
misdemeanors  and  penal  actions,  shall  be  tried,  punished  and 
prosecuted  as  though  no  change  had  taken  place,  until  other¬ 
wise  provided  by  law. 

Section  5.  A  governor  and  lieutenant  governor  shall  be  Governor  and 

.  .  .  .  lieutenant 

chosen  under  the  existing  constitution  and  laws  to  serve  after  g-overnor. 
the  expiration  of  the  term  of  the  present  incumbent. 

Section  6.  All  officers,  civil  and  military,  now  holding  officers  to 

.  .  ,  hold  over. 

any  office  or  appointment,  shall  continue  to  hold  their 
respective  offices,  unless  removed  by  competent  authority, 
until  superseded  under  the  laws  now  in  force,  or  under  this 
constitution. 

Section  7.  The  members  of  the  senate  and  house  of  senators  and 

.  .  representa- 

representatives  of  the  legislature  of  one  thousand  eight  tives. 
hundred  and  fifty-one  shall  continue  in  office  under  the 
provisions  of  law,  until  superseded  by  their  successors  elected 
and  qualified  under  this  constitution. 

Section  8.  All  county  officers,  unless  removed  by  competent  county 

y  .  .  officers  to  hold 

authority,  shall  continue  to  hold  their  respective  offices  until  over, 
the  first  day  of  January,  in  the  year  one  thousand  eight 
hundred  and  fifty-three.  The  laws,  now  in  force  as  to  the 
election,  qualification  and  duties  of  township  officers,  shall 
continue  in  force  until  the  legislature  shall,  in  conformity  to 
the  provisions  of  this  constitution,  provide  for  the  holding  of 
elections  to  fill  such  offices,  and  prescribe  the  duties  of  such 
officers,  respectively. 

8 


58 


CONSTITUTION  OF  THE 


SCHED. 


Terms  of  cer¬ 
tain  officers. 


J  urisdiction 
of  suits. 


Jurisdiction 
of  probate 
courts. 


State  printer. 


Duty  of  legis¬ 
lature  of  1851. 


Duty  of  attor¬ 
ney  general. 


Section  9.  On  the  first  day  of  January  in  the  }7ear  one 
thousand  eight  hundred  and  fifty-two,  the  terms  of  office  of 
the  judges  of  the  supreme  court,  under  existing  laws,  and  of 
the  judges  of  the  county  courts,  and  of  the  clerks  of  the 
supreme  court,  shall  expire:  on  the  said  day. 

Section  10.  On  the  first  day  of  January  in  the  year  one 
thousand  eight  hundred  and  fifty-two,  the  jurisdiction  of  all 
suits  and  proceedings  then  pending  in  the  present  supreme 
courts  shall  become  vested  in  the  supreme  court  established 
by  this  constitution,  and  shall  be  finally  adjudicated  by  the 
court  where  the  same  may  be  pending.  The  jurisdiction  of 
all  suits  and  proceedings  at  law  and  equity,  then  pending  in 
the  circuit  courts  and  county  courts  for  the  several  counties, 
shall  become  vested  in  the  circuit  courts  of  the  said  counties 
and  district  court  for  the  upper  peninsula. 

Section  11.  The  probate  courts,  the  courts  of  justices  of 
the  peace,  and  the  police  court,  authorized  by  an  act  entitled 
“An  act  to  establish  a  police  court  in  the  city  of  Detroit, 
approved  April  second,  one  thousand  eight  hundred  and  fifty^,” 
shall  continue  to  exercise  the  jurisdiction  and  powers  now 
conferred  upon  them  respectively,  until  otherwise  provided  by 
law. 

Allor  v.  Wayne  Co.  Auditors,  43  Mich.  101. 

Section  12.  The  office  of  state  printer  shall  be  vested  in 
the  present  incumbent  until  the  expiration  of  the  term  for 
which  he  was  elected  under  the  law  then  in  force;  and  all 
the  provisions  of  the  said  law  relating  to  his  duties,  rights, 
privileges  and  compensation  shall  remain  unimpaired  and 
inviolate  until  the  expiration  of  his  said  term  of  office. 

Ayers  v.  Board  of  State  Auditors,  42  Mich.  423. 

Section  13.  It  shall  be  the  duty  of  the  legislature,  at 
their  first  session,  to  adapt  the  present  laws  to  the  provisions 
of  this  constitution,  as  far  as  may  be. 

People  v.  May,  3  Mich.  598;  Aj’ers  v.  State  Auditors,  42  Mich.  431. 

Section  14.  The  attorne}-  general  of  the  state  is  required 
to  prepare  and  report  to  the  legislature  at  the  commencement 
of  the  next  session  such  changes  and  modifications  in  existing 
laws  as  may”  be  deemed  necessar}’  to  adapt  the  same  to  this 
constitution,  and  as  ma}’  be  best  calculated  to  cany  into 


SCHED. 


STATE  OF  MICHIGAN. 


59 


effect  its  provisions,  and  he  shall  receive  no  additional 
compensation  therefor. 

Section  15.  Any  territory  attached  to  any  county  for  Representa- 

.  ,  .  .  tion  of  certain 

judicial  purposes,  if  not  otherwise  represented,  shall  be  territory, 
considered  as  forming-  part  of  such  county,  so  far  as  reg-ards 
elections  for  the  purpose  of  representation. 

Section  16.  This  constitution  shall  be  submitted  to  the  constitution 

.  .  .  .  .  to  be  sub¬ 

people  for  their  adoption  or  rejection  at  the  g-eneral  election  fitted  to 

to  be  held  on  the  first  Tuesday  of  November,  one  thousand 
eig-ht  hundred  and  fifty;  and  there  shall  also  be  submitted 
for  adoption  or  rejection  at  the  same  time  the  separate 
resolution  in  relation  to  the  elective  franchise;  and  it  shall 
be  the  duty  of  the  secretary  of  state  and  all  other  officers, 
required  to  g-ive  or  publish  any  notice  in  reg-ard  to  the  said 
g-eneral  election,  to  g-ive  notice,  as  provided  by  law  in  case 
of  an  election  of  g-overnor,  that  this  constitution  has  been 
duly  submitted  to  the  electors  at  said  election.  Every  news¬ 
paper  within  this  state  publishing-  in  the  month  of  September 
next  this  constitution  as  submitted  shall  receive,  as  compen¬ 
sation  therefor,  the  sum  of  twenty-five  dollars  to  be  paid  as 
the  leg-islature  shall  direct. 

Section  17.  Any  person  entitled  to  vote  for  members  of  Qualification 
the  leg-islature,  by  the  constitution  and  laws  now  in  force, 
shall  at  the  said  election  be  entitled  to  vote  for  the  adoption 
or  rejection  of  this  constitution,  and  for  or  ag-ainst  the 
resolution  separately  submitted,  at  the  places  and  in  the 
manner  provided  by  law  for  the  election  of  members  of  the 
leg-islature. 

Section  18.  At  the  said  g-eneral  election  a  ballot  box  Ballot  box. 
shall  be  kept  by  the  several  boards  of  inspectors  thereof  for 
receiving*  the  votes  cast  for  or  against  the  adoption  of  this 
constitution  ;  and  on  the  ballots  shall  be  written  or  printed, 
or  partly  written  and  partly  printed,  the  words  “  Adoption  .of 
the  Constitution — Yes,”  or  “Adoption  of  the  Constitution — 

No.” 

Section  19.  The  canvass  of  the  votes  cast  for  the  adoption  canvass, 
or  rejection  of  this  constitution,  and  the  provision  in  relation 
to  the  elective  franchise  separately  submitted,  and  the  returns 
thereof  shall  be  made  by  the  proper  canvassing  officers,  in  the 
same  manner  as  now  provided  by  law  for  the  canvass  and 


60 


CONSTITUTION  OF  THE 


Sched. 


Salaries. 


return  of  the  votes  cast  at  an  election  for  governor,  as  near 
as  may  be,  and  the  return  thereof  shall  be  directed  to  the 
secretary  of  state.  On  the  sixteenth  day  of  December  next 
or  within  five  days  thereafter,  the  auditor  general,  state 
treasurer  and  secretary  of  state  shall  meet  at  the  capitol, 
and  proceed,  in  presence  of  the  governor,  to  examine  and 
canvass  the  returns  of  the  said  votes,  and  proclamation  shall 
forthwith  be  made  by  the  governor  of  the  result  thereof.  If 
it  shall  appear  that  a  majority  of  the  votes  cast  upon  the 
question  have  thereon  “Adoption  of  the  Constitution — Yes,” 
this  constitution  shall  be  the  supreme  law  of  the  state  from 
and  after  the  first  day  of  January,  one  thousand  eight 
hundred  and  fifty-one,  except  as  is  herein  otherwise  provided  ; 
but  if  a  majority  of  the  votes  cast  upon  the  question  have 
thereon  “Adoption  of  the  Constitution — No,”  the  same  shall 
be  null  and  void.  And  in  case  of  the  adoption  of  this 
constitution,  said  officers  shall  immediately,  or  as  soon  there¬ 
after  as  practicable,  proceed  to  open  the  statements  of  votes 
returned  from  the  several  counties  for  judges  of  the  supreme 
court  and  state  officers  under  the  act  entitled  “An  act  to 
amend  the  revised  statutes  and  to  provide  for  the  election  of 
certain  officers  by  the  people  in  pursuance  to  an  amendment 
of  the  constitution,”  approved  February  sixteenth,  one  thousand 
eight  hundred  and  fifty,  and  shall  ascertain,  determine  and 
certify  the  results  of  the  election  for  said  officers  under  said 
acts,  in  the  same  manner,  as  near  as  may  be,  as  is  now 
provided  by  law  in  regard  to  the  election  of  representatives  in 
congress.  And  the  several  judges  and  officers  so  ascertained 
to  have  been  elected  may  be  qualified  and  enter  upon  the 
duties  of  their  respective  offices,  on  the  first  Monday  of 
January  next  or  as  soon  thereafter  as  practicable. 

Section  20.  The  salaries  or  compensation  of  all  persons 
holding  office  under  the  present  constitution  shall  continue  to 
be  the  same  as  now  provided  by  law,  until  superseded  by 
their  successors  elected  or  appointed  under  this  constitution  ; 
and  it  shall  not  be  lawful  hereafter  for  the  legislature  to 
increase  or  diminish  the  compensation  of  any  officer  during 
the  term  for  which  he  is  elected  or  appointed. 


Douvielle  v.  Manistee  Sups.,  40  Mich.  585. 


SCHRD. 


STATE  OF  MICHIGAN. 


61 


Section  21.  The  legislature  at  their  first  session  shall  Expenditures 

.  .  of  convention. 

provide  for  the  payment  of  all  expenditures  of  the  convention 
to  revise  the  constitution  and  of  the  publication  of  the  same 
as  is  provided  in  this  article. 

Section  22.  Every  county  except  Mackinaw  and  Chippewa  Representa- 

.  five  districts. 

entitled  to  a  representative  in  the  legislature,  at  the  time  of 
the  adoption  of  this  constitution,  shall  continue  to  be  so 
entitled  under  this  constitution,  and  the  county  of  Saginaw, 
with  the  territory  that  may  be  attached,  shall  be  entitled  to 
one  representative ;  the  county  of  Tuscola,  and  the  territory 
that  may  be  attached,  one  representative ;  the  county  of 
Sanilac  and  the  territory  that  may  be  attached,  one  repre¬ 
sentative  ;  the  counties  of  Midland  and  Arenac,  with  the 
territory  that  may'  be  attached,  one  representative ;  the  county 
of  Montcalm,  with  the  territory  that  may  be  attached  thereto, 
one  representative ;  and  the  counties  of  Newaygo  and  Oceana, 
with  the  territory  that  may  be  attached  thereto,  one  repre¬ 
sentative  ;  each  county  having  a  ratio  of  representation,  and 
a  fraction  over,  equal  to  a  moiety  of  said  ratio,  shall  be 
entitled  to  two  representatives ;  and  so  on  above  that  number, 
giving  one  additional  member  for  each  additional  ratio. 

Supervisor  v.  Blacker,  92  Mich.  638. 

Section  23.  The  cases  pending  and  undisposed  of  in  the  cases  pending 

.  .  .  in  chancery. 

late  court  of  chancery,  at  the  time  of  the  adoption  of  this 
constitution,  shall  continue  to  be  heard  and  determined  by 
the  judges  of  the  supreme  court.  But  the  legislature  shall 
at  its  session  in  one  thousand  eight  hundred  and  fifty-one 
provide  by  law  for  the  transfer  of  said  causes  that  may 
remain  undisposed  of  on  the  first  day  of  January,  one 
thousand  eight  hundred  and  fifty-two,  to  the  supreme  or 
circuit  court  established  by  this  constitution,  or  require  that 
the  same  may  be  heard  and  determined  by  the  circuit  judges. 

Section  24.  The  term  of  office  of  the  governor  and  Term  of  office 

of  governor 

lieutenant  governor  shall  commence  on  the  first  day  of and  lieutenant 

°  ^  governor. 

January  next  after  their  election. 

Section  25.  The  territory  described  in  the  article  entitled  upper  penin- 

J  %  sula. 

“Upper  Peninsula,”  shall  be  attached  to  ^nd  constitute  a  part 
of  the  third  circuit  for  the  election  of  a  regent  of  the 
university. 


62 


CONSTITUTION  OF  THE  STATE  OF  MICHIGAN.  Sched. 


District  judge 
and  district 
attorney. 


Legislature 
of  1851:  its 
duties. 


Terms  of  state 
and  county 
officers. 


Judicial  cir¬ 
cuits.  Const., 
Art.  6,  Sec.  7. 


Section  26.  The  legislature  shall  have  authority  after  the 
expiration  of  the  term  of  office  of  the  district  judge  first 
elected  for  the  “Upper  Peninsula,”  to  abolish  said  office  of 
district  judge  and  district  attorney  or  either  of  them. 

Section  27.  The  legislature  shall,  at  its  session  of  one 
thousand  eight  hundred  and  fifty-one,  apportion  the  repre¬ 
sentatives  among  the  several  counties  and  districts,  and  divide 
the  state  into  senate  districts  pursuant  to  the  provisions  of 
this  constitution. 

Section  28.  The  terms  of  office  of  all  state  and  county 
officers,  of  the  circuit  judges,  members  of  the  board  of 
education,  and  members  of  the  legislature  shall  begin  on  the 
first  day  of  January  next  succeeding  their  election. 

Section  29.  The  state,  exclusive  of  the  upper  peninsula, 
shall  be  divided  into  eight  judicial  circuits,  and  the  counties 
of  Monroe,  Lenawee  and  Hillsdale  shall  constitute  the  first 
circuit ;  the  counties  of  Branch,  St.  Joseph,  Cass  and  Berrien 
shall  constitute  the  second  circuit ;  the  county  of  Wayne  shall 
constitute  the  third  circuit ;  the  counties  of  Washtenaw, 
Jackson  and  Ingham  shall  constitute  the  fourth  circuit ;  the 
counties  of  Calhoun,  Kalamazoo,  Allegan,  Eaton  and  Van 
Buren  shall  constitute  the  fifth  circuit ;  the  counties  of  St. 
Clair,  Macomb,  Oakland  and  Sanilac  shall  constitute  sixth 
circuit ;  the  counties  of  Lapeer,  Genesee,  Saginaw,  Shiawassee, 
Livingston,  Tuscola  and  Midland  shall  constitute  the  seventh 
circuit ;  and  the  counties  of  Barry,  Kent,  Ottawa,  Ionia, 
Clinton  and  Montcalm  shall  constitute  the  eighth  circuit. 

Done  in  convention  at  the  capitol  of  the  state  this  fifteenth 
day  of  August,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty  and  of  the  independence  of  the  United 
States  the  seventy-fifth. 

D.  GOODWIN, 

President. 


INDEX 


TO  THE 

CONSTITUTION  OF  MICHIGAN. 


Art.  Sec. 

Absent  Members,  attendance  may  be  compelled _ 4  8 

Actions — Writs,  pending-  at  adoption  of  constitution _ Sched.  2 

Jurisdiction  transferred,  when,  etc. _ Sched.  10 

Causes  in  late  court  of  chancery _ Sched.  23 

Acts — Laws,  when  to  take  effect _  4  20 

To  embrace  but  one  object _  4  20 

Acquittal  on  Merits,  no  trial  after _ 6  2 

Adjournment,  less  than  quorum  may  adjourn  from  day  to  dajr _ _ 4  6 

Neither  house  to  adjourn  for  more  than  three  days,  except,  etc. _ 4  12 

Final,  of  session,  hour  of _ 4  32 

Time  of,  how  fixed _ _ _  4  33 

Agricultural  Improvements,  to  be  promoted _ 13  11 

Agricultural  Lands,  for  what  time  may  be  leased _ 18  12 

Agricultural  School,  to  be  provided  for _ 13  11 

Salt  spring- lands,  etc.,  to  be  applied  to _  13  11 

May  be  branch  of  university _  _  _  13  11 

May  be  placed  under  supervision  of  reg-ents _ 13  11 

Aliens,  rights  respecting  propertjr _  _  18  13 

Amendment,  of  laws,  how  made _  4  25 

To  constitution,  how  made _ _ 20  1 

Corporation  laws  may  be  amended  ... _ 15  1 

Of  corporation  charters,  notice  of  _ _ 15  16 

Annual  Tax,  for  state  expenditures,  etc. _ 14  1 

Appointments,  Civil,  members  of  the  legislature  not  to  receive _  4  18 

Appropriations,  of  money  or  property,  what  vote  required  for _  4  45 

Arms,  right  of  people  to  bear _ 18  7 

Arrest,  when  members  of  the  legislature  exempt  from _ 4  7 

Electors  privileged  from,  when _ 7  3 

Attainder,  no  bill  of,  to  be  passed _ 4  43 

Attorney  General,  when  elected,  term  of  office . . 8  1 

When  term  of  to  commence _ _ 8  2 

Salary  of _ _ 9  1 

To  keep  office  at  seat  of  government. _ 8  1 

To  perform  duties  prescribed  by  law _  8  1 

Vacancy  in  office  of,  how  filled _ _ 8  3 

Governor  to  remove,  when _ 12  8 

When  governor  to  appoint  successor _ 12  8 

Auditor  General,  when  elected,  term  of  office,  duties  to  be  prescribed  by  law _  8  1 

Term  to  commence,  when _ _ 8  2 


64 


CONSTITUTION  OF  THE 


Auditor  General — Continued. 


Art.  Sec. 


To  keep  office  at  seat  of  government . __ . . . . . . . 

How  vacancy  in  office  of,  filled _ _ _ _ _ _ _ 

When  governor  to  remove . . . . . . .. 

When  governor  to  appoint  successor _ _ _ 

Bail,  when  not  to  be  allowed. _ _ _ _ _ _ _ _ _ _ 

Excessive,  not  to  be  required . _ . . . . . 

Ballot,  elections  to  be  by,  except  when _ _ _ _ _ _ _ 

Banks— Banking  Associations,  a  single  bank  may  be  created  by  legislature . . . 

Liability  of  stockholders _ _ _ _ _ _ _ _ _ _ _ _ 

Bills  of  to  be  registered,  when . . . . . . . . . 

Security  for  circulation  of _ _ _ _ _ _ 

Insolvency  of,  rights  of  bill  holders . . . . . . . 

Suspension  of  specie  payment  by,  not  to  be  authorized _ _ _ _ _. _ 

Banking  Law,  General,  to  be  submitted  to  vote  of  people... . . . . . . . 

Bills,  may  originate  in  either  house _ _ _ _ _ _ _ _ _ 

Not  to  be  introduced  after  first  fifty  days  of  session _ _ _ _ _ 

To  be  read  three  times  before  passage _ _ _ _ _ _ 

Vote  on,  by  yeas  and  nays _ _ _ _ _ _ _ _ 

Majority  of  all  members  elect  required  to  pass _ _ _ _ _ _ 

To  be  presented  to  governor  for  approval . . . . . . . . . . . 

Not  returned  in  ten  days  become  law _ _ _ _ _ _ 

If  vetoed  to  be  reconsidered _ _ _  _ _ _ _ _ 

Proceedings  on  reconsideration  of _ _ _ _ _ _ _ _ 

Two-thirds  required  to  pass _ _ _ 

When  may  be  signed  and  filed  in  five  days  after  close  of  session _ _ _ 

Appropriating  money  and  property  for  private  or  local  purposes  require  two-thirds  vote. 

Of  attainder,  not  to  be  passed . . . . . . . . . . 

Binding,  of  books,  etc.,  to  be  let  by  contract,  etc.  _ _ _ _ _ _ .. 

Board  of  State  Auditors,  how  constituted _ _ _ _ _ _ _ 

To  adjust  slaims  against  state . . . . . . . . . 

Board  of  Education,  election  of  members,  terms  of  office  of . . . . . 

Superintendent  of  public  instruction,  member  of _ _ 

To  have  supervision  of  normal  school... . . . 

Board  of  State  Canvassers,  board  of  state  auditors  to  be . . . . . . . 

To  canvass  returns  for  governor  and  other  state  officers,  etc _ _ _ _ 

When  decision  of,  contested,  legislature  to  decide _ _ _ _ _ _ 

Board  of  Equalization,  powers,  duties  of . . . . . . 

Board  of  Regents.  See  Regents  of  University. 

Board  of  Auditors  of  Wayne  county,  powers  of . . . 

Board  of  Supervisors,  how  constituted.. . . . ...... . . . . 

Cities  to  be  represented  in . . .  . . . . . 

Powers  to  be  prescribed  by  law . . . . . . . 

What  powers  may  be  conferred  on . . . . . . . . 

May  organize  townships . . . . .  . . . 

Removal  of  count}*  seat  by . . . . . . . . 

May  provide  for  laying  out  highways  and  constructing  bridges . . . 

May  raise  money  for  highways  and  bridges,  amount  of . . . . . . 

May  authorize  bridging  and  damming  navigable  streams  . . . . 

To  fix  compensation  and  adjust  claims  against  counties . . . . 

Allowances  by,  not  subject  to  appeal . . . . . . . . 

When  to  divide  counties  into  representative  districts . . . . . . 

Boundaries  of  the  state  of  Michigan . . 

Bridges,  board  of  supervisors  may  raise  money  for . . . . . 

Board  of  supervisors  may  provide  for  constructing... . . . 

Over  navigable  streams,  how  authorized . . . 

Census,  when  to  be  taken . . . . . 

Chaplain,  may  be  employed  in  State  prison . . . . . . . . 

Circuit  Courts,  courts  of  record,  seal,  etc . 

Jurisdiction  of . . . . . . ..... . 

To  be  held  in  each  county,  when,  etc. . . . . . . . 

County  clerk  to  be  clerk  of . . 

Practice  in,  to  be  regulated  by  supreme  court . . . . . . 

Circuit  Court  Commissioners,  authorized,  powers  of,  etc . . . . . . 

Circuit  Judges,  to  be  elected  in  each  circuit . . . . . . ..... 

First  and  subsequent  elections,  when  to  be . . . . 


8 

8 

12 

12 

6 

6 

15 

15 

15 

15 

15 

15 

15 

4 

4 

4 

4 

4 

4 

4 

4 

4 

4 

4 

4 

4 

4 

8 

8 


13 

13 
8 
8 
8 

14 

10 

10 

10 

10 

4 

10 

10 

10 

10 

18 

10 

10 

4 

1 

10 

10 

18 

4 

4 

6 

6 

6 

6 

6 

6 

6 

6 


1 

3 

8 

8 

29 

31 

2 

1 

3 

4 

4 

5 

6 
2 

13 
28 
19 
19 
19 

14 
14 
14 
14 
14 
14 
45 
43 


22 

4 

4 

9 

9 

9 

4 

4 

5 
13 

9 

9 

7 

6 
38 
11 

8 
10 

9 

4 

10 

10 

3 
1 
9 

11 

4 

4 
24 

15 
8 

11 

12 

5 

16 
9 

20 


STATIC  OF  MICHIGAN. 


65 


Circuit  Judges — Continued. 


Art.  Sec. 


Election  of,  in  new  circuits _  6 

Eligible  to  no  other  office _  6 

Term  of  office  of _  6 

In  new  circuits _  6 

When  appointed  or  elected  to  fill  vacancy _ _ _  6 

Salary  of _ Art.  9,  Sec.  1  6 

May  fill  vacancies  in  office  of  county  clerk  and  prosecuting  attorney _  6 

Can  make  no  other  appointments _ . _  6 

To  be  conservators  of  the  peace _  6 

Not  to  be  removed  by  alteration  of  circuits _  6 

Removal  from  circuit  vacates  office _  6 

Vacancy  to  be  filled  by  governor _ _ _  6 

Cities,  when  may  be  organized  into  counties _  10 

To  be  represented  in  board  of  supervisors _  10 

Incorporation  of,  to  be  provided  for _  15 

What  powers  may  be  conferred  on _ _ _  4 

Power  of  taxation  and  of  borrowing  money  to  be  restricted _  15 

Election  of  judicial  officers  of _  _  15 

Other  officers  to  be  elected  or  appointed _  15 

Of  private  property  taken  for  public  use  in _ _ _  15 

Alteration  of  charter,  notice  of  application  for _  15 

Civil  Appointments,  members  of  the  legislature  not  to  receive _ _ _  4 

Civil  Power,  military  subject  to _  _  18 

Civil  Process,  members  of  legislature  exempt  from,  when _  4 

Civil  Rights,  privileges,  etc.,  of  persons  not  to  be  diminished  on  account  of  religious 

belief _  4 

Claims  and  Accounts,  legislature  not  to  allow  private _  4 

Claims  Against  Counties,  adjustment  by  board  of  supervisors _  10 

Claims  Against  State,  how  adjusted _  8 

Clerk,  of  supreme  court,  judges  to  appoint _  6 

Of  circuit  court,  county  clerk  to  be _  6 

Collector,  holder,  or  disburser  of  public  money,  when  allowed  seat  in  legislature,  or  to 

hold  office _  4 

Commander-in-Chief,  governor  is,  of  military  and  naval  forces _  5 

Is  also  when  absent  from  state  in  time  of  war _ _ _ _  5 

Commissions,  to  be  signed  by  governor _ 5 

Commissioner  of  the  Land  Office,  when  elected,  term  of  office,  etc _  8 

Salary  of _ 9 

Term  to  commence,  when _ 8 

To  keep  office  at  seat  of  government _ _ _  8 

Vacancy  in  office  of,  how  filled _ _ _ _ _  8 

To  be  member  of  board  of  state  auditors _ 8 

To  be  member  of  board  of  state  canvassers _ 8 

When  governor  to  remove _ 12 

When  governor  to  appoint  successor _ _ _ _  12 


Common  Law,  retained _ Sched.  1 

Compensation,  for  publishing  laws  in  newspapers _ 4  37 

Of  members  of  the  legislature _ _ ...  4  15 

At  extra  sessions _  4  15 

From  the  upper  peninsula _ _ 4  15 

Of  president  of  senate  and  speaker  of  house. _ _ 4  17 

In  contested  election  cases.... _  4  29 

Of  lieutenant  governor,  when  acting  as  governor _ _  5  17 

Of  president/ro  tem.  of  senate  when  acting  as  governor _ 5  17 

Extra,  not  allowed  to  officers  and  contractors _  4  10 

To  be  paid  by  counties,  how  fixed _ _ 10  10 

Conciliation,  courts  of,  may  be  established. _ 6  23 

Constitution,  submission  of,  to  the  people _ Sched.  16-19 

Amendments,  how  proposed  and  ratified _ _ 20  1 

When  certain  amendments  to  take  effect _  20  2 

How  may  be  revised,  etc _ 20  2 

Contracts,  obligation  of,  not  to  be  impaired _ _ 4  43 

Members  of  legislature  not  to  be  interested  in  certain _  4  18 

Extra  compensation  not  to  be  allowed  on  certain _  4  21 

State  officers  and  members  not  to  be  interested  in,  when _ 4  22 

9 


66 


CONSTITUTION  OF  THE 


Contracts — Continued.  Art.  Sec. 

For  fuel,  stationery,  printing,  binding-,  etc _ _ _ _ _ _  4  2 

Not  to  be  altered,  rescinded  or  released . 4  22 

Conveyances  of  land,  not  to  be  authorized  by  special  law _ 4  21 

Convention  to  revise  constitution,  when  may  be  called,  etc. _ _ 20  3 

Corporations,  term  defined _ 15  11 

May  sue  and  be  sued . . . . . . . . . . . ..  15  11 

To  be  formed  under  general  laws,  except  for  municipal  purposes . 15  1 

A  single  bank,  etc.,  ma3"  be  created _ 15  1 

Terms  of  existence  of _ 15  10 

Real  estate  may  be  held  by,  for  what  time _ 15  12 

Alteration  of  charter,  notice  to  be  given,  etc . ... . . . . 15  16 

Acts  of  incorporation  passed  prior  to  constitution,  how  amended _ _ 15  8 

Not  to  be  renewed  or  extended,  when _ _ _ 15  8 

Counties,  are  bodies  corporate,  organization,  powers  of,  etc... _ _ 10  1 

Suits,  by  and  against,  in  name  of _ 10  3 

Territorial  extent  of . 10  2 

When  cities  ma3r  be  organized  into _ 10  2 

Not  liable  for  acts  of  sheriff _ _ 10  5 

Compensation  for  services  for,  and  claims  against _ 10  10 

When  ma3"  be  divided  in  forming  senate  districts . . . . . . .  4  2 

When  entitled  to  a  representative  in  the  legislature... _ 4  2 

When  to  be  divided  into  representative’districts _ 4  2 

County  Clerk,  to  be  clerk  of  circuit  court _ _ 6  12 

County  Officers,  list  of,  when  elected,  etc . . 10  3 

Terms  of  office  of . . 10  3 

Office  of  clerk  and  register  may  be  united,  etc _ 10  3 

Vacancies  in,  how  filled _ 10  13 

What  to  hold  offices  at  count3’ seat . 10  4 

County  Roads,  legislature  ma3*  provide  for  la3Ting  out _ 4  49 

County  Seat,  removal  of,  proceedings  for... _ _ 10  8 

Courts,  judicial  power  vested  in _ _ 6  1 

Municipal  courts  ma3'  be  established . 6  1 

Courts  of  conciliation  authorized _ 6  23 

Existing  at  adoption  of  constitution,  retained,  etc. _ Sched.  2 

Of  probate  and  of  justices  of  the  peace,  jurisdiction  continued . . . . Sched.  11 

Credit  of  State  not  to  be  granted,  except,  etc . . 14  6 

Criminal  Prosecutions,  right  of  the  accused  in - - 6  28 

Person  not  subject  to,  after  acquittal,  etc.. . 6  29 

Accused  in,  is  not  compelled  to  be  a  witness  against  himself . ... .  6  32 

Dams,  upon  navigable  streams,  how  authorized - 18  4 

Deaf,  Dumb.  Blind  and  Insane,  provisions  for,  to  be  made . 13  10 

Debate,  freedom  of,  in  legislature,  assured . . 4  7 

Debt,  imprisonment  for,  prohibited,  except,  etc. . 6  33 

Districts,  Judicial.  See  Judicial  Districts. 

Districts,  senate . . . . . - . - . - . . .  4  2 

Rearrangement  of  senate  districts.  . 4  4 

Representative  districts . . . -  - . -  --  4  2 

Reapportionment  of... . . . . . . . --- - -  4  4 

Divorce,  not  to  be  granted  b3’ legislature . 4  26 

Due  Process  of  Law,  no  one  to  be  deprived  of  life.  Iibert3*  or  propert3*  without .  6  32 

Dueling,  disqualifies  for  office  and  voting . 7  8 

Educational  Fund,  interest  on.  application  of  specific  taxes  to  pay . 14  1 

Interest  of,  how  applied . 13  2 

From  what  school  districts  withheld . . 13  5 

Election,  of  senator  and  representatives,  when  held,  etc . . . 4  34 

Of  governor  aild  lieutenant  governor,  when . 5  3 

Of  state  officers,  etc. . 8  1 

Of  count3’  officers .  . - . 1®  3 

Elections,  who  competent  to  vote  at . . . . - .  ? 

What  votes  to  be  given  b3’  ballot .  1  2 

In  upper  peninsula,  time  of  and  canvass .  . - .  1*1  ^ 

Laws  to  preserve  purity  of,  ma3’  be  enacted .  7 

In  legislature,  votes  to  be  viva  voce .  4  H 

Electors,  qualifications,  residence,  age  of . 

Absent  in  arm3',  not  to  be  deprived  of  vote . .  ?  1 


STATE  OF  MICHIGAN.  67 

Electors — Continued.  Art.  Sec. 

Dueling- disqualifies _ 7  8 

Exempt  from  arrest,  when _ 7  3 

From  military  dutjr,  when _ _  7  4 

From  attendance  as  witnesses,  when _  7  4 

Residence  not  acquired  or  lost,  how _  7  5 

Of  soldiers,  seamen  and  marines _  7  7 

Elective  Franchise,  abuse  of,  to  be  guarded  against _ _  7  6 

English  Language,  instruction  in  primary  schools,  to  be  given  in _ 13  4 

Laws,  records,  and  judicial  proceedings  to  be  in _ 18  6 

Escheated  Lands,  applications  of  proceeds  and  income  of _ 13  3 

Executive  Power,  vested  in  governor _ 5  1 

Exemptions,  of  personal  property  from  execution _ 16  7 

Of  homesteads  to  owner _ 16  2 

To  family  of  deceased _ 16  3 

To  widow _ 16  4 

Of  propertj'  to  females _  16  5 

Of  members  of  legislature  from  arrest,  when _ _ 4  7 

Of  electors  on  election  day  from  arrest,  when _  7  3 

From  military  dutj',  when _ _  7  4 

From  attendance  as  witnesses,  when _  7  4 

Ex  Post  Facto  Laws  not  to  be  passed _  4  43 

Expulsion,  of  members  of  legislature,  may  be  made  by  either  house _  4  9 

But  not  a  second  time  for  the  same  cause _ 4  9 

Extra  Compensation  not  to  be  allowed  to  officers  and  contractors _  4  21 

Extra  Session  of  the  legislature,  may  be  called  by  the  governor _ _ S  1 

What  subjects  may  be  legislated  on  at _ 4  15 

Compensation  of  members,  for  what  time _ 4  15 

Fees,  when  prohibited _ 9  1 

Females,  rights  of  property  and  power  of  disposition  of,  etc _ 16  5 

Property  of,  not  liable  for  debts  of  husband _ _ _ .. _ _  16  5 

Fines,  excessive,  not  to  be  imposed _ _ 6  31 

For  breaches  of  penal  laws,  applied  to  support  of  libraries _ _ 13  12 

Freedom,  of  speech  and  of  the  press  not  to  be  abridged  _ 4  42 

Of  debate  in  the  legislature  secured _ 4  7 

Of  religious  belief  and  worship  not  to  be  interfered  with _  4  39 

Fuel,  Stationery,  for  state,  contracts  for,  to  be  let,  etc. _ 4  22 

Governor,  vested  with  the  executive  power _ 5  1 

Who  eligible  to  office  of _ 5  2 

Members  of  congress,  federal  and  state  officers  not  eligible _ 5  15 

Not  eligible  to  any  other  office,  etc _ _  5  16 

Election  of,  when,  etc... _ 5  3 

When  by  legislature _  5  3 

Term  of  office _ 5  1 

To  commence,  when _ _ _ Sched.  24 

To  be  commander-in-chief  of  the  military  and  naval  forces _ _  5  4 

To  sign  bills  approved,  within  ten  days,  during  session  of  legislature _  4  14 

And  in  five  days  after  close  of  session,  in  certain  cases _  4  14 

To  return  bills  disapproved,  with  his  objections _  4  14 

To  transact  all  necessary  business  with  officers  of  government . . 5  5 

To  see  to  the  enforcement  of  the  laws _ 5  6 

To  give  information  to  legislature  by  message _ 5  8 

To  recommend  measures  deemed  expedient _ 5  8 

To  issue  writs  of  election  to  fill  certain  vacancies _ _ 5  10 

To  sign  commissions  to  state  officers _ _ _ 5  19 

To  fill  vacancies  during  impeachment. _ _ _ _ : _  _ 12  5 

To  examine  into  administration  of  public  offices  and  officers _  12  8 

May  remove  certain  state  officers _ 12  8 

To  fill  vacancies  caused  by  such  removal _ _ 12  8 

May  require  information  of  certain  state  officers  in  writing _ 5  5 

May  call  extra  session  of  legislature _ _  5  7 

When  may  convene  legislature  at  other  places  than  at  the  capitol . . 5  9 

When  may  grant  reprieves  and  pardons _ _ „ _  5  11 

To  report  pardons  granted _  5  11 

Ma}'  suspend  execution  of  sentence  for  treason . . 5  11 

When  may  remove  judges . 12  6 


68 


CONSTITUTION  OF  THE 


Governor — Continued.  Art.  Sec. 

Official  acts  of,  how  authenticated . 5  18 

Vacancy  in  office  of,  to  be  filled  by  lieutenant  governor . . . . _ . .  5  12 

When  by  president  pro  tem.  of  senate . . 5  13 

Habeas  Corpus,  when  writ  of,  not  to  be  suspended _ _ 4  44 

Highways,  commissioners  and  overseers  of,  to  be  elected  in  each  township _ _ 11  1 

Taking  private  property  for _ 18  2 

Certain  not  to  be  vacated  by  legislature . . 4  23 

Highways  and  Bridges,  boards  of  supervisors  ma3~  lay  out  and  construct . . 10  11 

May  raise  money  for,  b>'  tax  or  loan . 10  9 

Homestead.  See  Exemptions. 

Alienation  or  mortgage  of,  by  married  men,  when  void _ 16  2 

When  widow  entitled  to  rents  and  profits  of _ 16  4 

House  of  Representatives,  provided  for _ 4  1 

Number  of  members,  etc... . 4  3 

Organization  of  districts,  etc. _ 4  3 

Reapportionment  of  members  of _ _ 4  4 

Qualification  of  members  of _ 4  5 

Who  ineligible  to  membership  in . . 4  6 

Members  privileged  from  arrest,  etc . 4  7 

What  constitutes  quorum,  attendance,  etc _ _ 4  8 

Rules  of  proceedings,  expulsion  of  members,  etc _ _  4  9 

Journal  of  proceedings,  etc. _ _ 4  10 

Opening  of  doors,  adjournment,  etc _ _ 4  12 

General  provisions _ 4  13-48 

Has  sole  power  of  impeachment,  etc.  _ _ 12  1 

Impeachment,  house  has  sole  power  of _ _ 12  1 

Majority  of  members  required  to  order _ _ 12  1 

To  be  tried  by  senate _ 12  1 

Trial  to  be  held  after  final  adjournment _ 12  3 

To  be  managed  by  a  committe  from  the  house _ 12  3 

What  majority  required  for  conviction _ 12  2 

Extent  of  judgment  of _ 12  2 

Judicial  officers  suspended  during  proceedings _ _ 12  4 

Vacancy  during,  how  supplied . . 12  5 

Imprisonment  for  debt,  when  prohibited _ 6  33 

For  militia  fines,  when  prohibited.. _ 6  33 

Incorporation,  acts  of,  prior  to  constitution,  how  amended _ 15  8 

How  may  be  renewed  or  extended,  etc. _ _ 15  10 

Insane,  provision  to  be  made  for... _ _ 13  10 

Intellectual  Improvement,  to  be  promoted  . . 13  11 

Internal  Improvement,  when  state  may  engage  in,  etc . 14  9 

Joint  Convention,  of  the  two  houses,  vote  in  to  be  viva  voce _ 4  11 

Joint  Resolutions,  to  be  read  three  times  before  final  passage _ 4  19 

Majority  of  all  members  elect  required  for _ _  4  19 

Approval  by  the  governor... . . 4  14 

Journal,  each  house  to  keep  and  publish _ 4  10 

When  yeas  and  nays  to  be  entered  in _ _ 4  10 

When  protest  of  members  to  be  entered  in.. . . 4  10 

Votes  on  nominations  to  senate  to  be  entered  in _ _ 4  11 

Governor’s  objection  to  bills  to  be  entered  in . 4  14 

Votes  on  bills  vetoed  to  be  entered  in . 4  14 

Judicial  Circuits,  state  to  be  divided  into . . . . . . - . .  6  6 

May  be  altered  and  increased . 6  7 

First  division  under  constitution - - - - - - - - - Sched.  29 

Judicial  Decisions,  publication  of,  to  be  provided  for  - - - - 4  36 

Publication  of ,  to  be  free  to  all _ _  _  _ _ - .  4  36 

Judicial  Officers,  suspended  during  proceedings  to  impeach . 12  4 

Vacancy  during  suspension,  how  supplied . 12  5 

Of  cities  and  villages,  to  be  elected . 15  14 

Judicial  Power,  where  vested . 6  1 

Judges,  removal  of,  when  and  how  . . 12  6 

Judges  of  the  Circuit  Courts.  See  Circuit  Judges. 

Judges  of  the  Supreme  Court,  to  be  elected . 6  2 

Classification  of  the  judges  . . 6  2 

Term  of  office  of . . .  .  .  .  6  2 


STATE  OF  MICHIGAN. 


Judges  of  the  Supreme  Court —Continued. 

When  appointed  or  elected  to  fill  vacancy _  6 

Vacancy  in,  to  be  filled  by  governor.. _ _  6 

May  appoint  a  clerk _ _ _ _  6 

A  reporter _ _ _  6 

Can  make  no  other  appointments _ _ _ ...  6 

Concurrence  of  three,  required  for  a  decision _ _ _ _ _ _  6 

Judge  dissenting  to  give  reasons _ _ _ _ _ _  6 

To  be  conservators  of  the  peace _ _ _  6 

Jurors,  number  required  in  criminal  cases _  6 

For  condemnation  of  private  property  for  public  use _  18 

When  less  than  twelve  may  be  provided  for _ _ _ _  4 

Jury,  Trial  by,  right  of,  to  remain _ _ _ _ _ _ _  6 

When  deemed  waived  in  civil  cases _  6 

Right  of  accused  to,  in  criminal  cases _  6 

In  condemning  private  property  for  public  use _  18 

For  property  taken  in  cities  and  villages _  15 

To  determine  necessity,  etc.,  for  taking  lands  for  private  roads _ _ _  18 

Justices  of  the  Peace,  four  to  be  elected  in  each  town _ _  6 

Term  of  office  of,  classification,  etc _  6 

Number  may  be  increased  in  cities  _ _ _ _ _  6 

Elected  to  fill  vacancies,  holds  for  residue  of  unexpired  term _  6 

Jurisdiction  of _ _ _ _ _ _ _ _  6 

Exercised  under  former  constitution  continued _ _ Sched.  11 

To  be  conservators  of  the  peace _ _ _ _ _ _ _  6 

When  removal  of,  or  change  in  township,  vacates  office _ _ _ _ _  6 

Lands,  granted  for  educational  purposes,  application  of  proceeds,  etc _ 13 

Escheated  lands,  application,  etc. _ _ _  13 

Land  Office.  See  Commissio?ier  of  the  Land  Office. 

Laws,  Acts,  style  of _ _ _  4 

To  embrace  but  one  object _ _ _ _ _  4 

Title  of,  to  express  object _ _ _ _ _  4 

When  to  take  effect .: _  _  4 

How  revised,  altered  or  amended _ _ _  4 

No  general  revision  to  be  made _ _ _  18 

Speedy  publication  to  be  provided  for _ _ _ _ _  4 

Publication  of,  free  to  all _ _ _  4 

In  newspapers,  compensation  for _ _ _  _  4 

Reprinting  when  required,  provision  for. _ _ 

Impairing  obligation  of  contracts,  forbidden _  4 

To  be  promulgated  in  English  language _ _ _  18 

Law  and  Equity,  distinction  between  proceedings  in,  to  be  abolished  as  far  as  practicable. 

Laws,  Journals  and  Documents,  each  member  of  the  legislature  entitled  to  copy .  4 

Contracts  for  printing  to  be  let,  etc -  4 

Legislative  Power,  vested  in  a  senate  and  house  of  representatives . . .  4 

Legislature,  composed  of  senate  and  house.., _  4 

To  meet  biennially,  when  and  where _ _  4 

When  at  other  places  than  capitol _  5 

Final  adjournment  to  be  fixed  by  concurrent  resolution _  4 

Hour  of  final  adjournment _ _ _ _ _ _ _ _  4 

Less  than  quorum  of  each  house  may  adjourn  from  day  today _  4 

Neither  house  to  adjourn  for  more  than  three  days  without  consent  of  the  other . .  4 

Extra  session  may  be  called  when. _ _ _ _ _ _ _ _ _  5 

What  subjects  may  be  legislated  upon,  at _ _ _ _ _ _  4 

To  cause  enumeration  of  inhabitants _ _ _ _  4 

To  arrange  senate  districts _ _ _ _ _ _ _ 

To  apportion  representatives _ _ _ _ _ _  _  _ _  4 

Members  of,  who  eligible  as _ _ _ _ _ _ _ _ _  4 

Certain  officers  ineligible  as . .  4 

Vacancy,  how  caused _ _ _ _ _ _  4 

Official  oath  of  . . . . . . . . . . .  18 

Privileged  from  arrest  when _ _ _  _  _ _ _  4 

Not  to  be  questioned  for  speech  in  debate _ _  _ _ _  4 

Compensation  of _ _ _ _ _ _  4 

Of  president  and  speaker _ _ _ _ _  4 

Entitled  to  stationery _ _ _ _ _  _  _  4 


69 

Art. 

Sec. 

.  6 

14 

..  6 

14 

.  6 

12 

.  6 

10 

.  6 

10 

..  6 

2 

.  6 

10 

.  6 

19 

6 

28 

.  18 

2 

4 

46 

6 

27 

..  6 

27 

.  6 

28 

..  18 

2 

.  15 

15 

..  18 

14 

..  6 

17 

_  6 

17 

.  6 

17 

.  6 

17 

.  6 

18 

Sched.  11 

6 

19 

.  6 

22 

.  13 

2 

.  13 

2 

..  4 

48 

.  4 

20 

.  4 

20 

.  4 

20 

.  4 

25 

18 

15 

.  4 

36 

..  4 

36 

4 

35 

.  18 

15 

4 

43 

.  18 

6 

;.  6 

5 

.  4 

15 

..  4 

'>'■> 

.  4 

1 

.  4 

1 

.  4 

33 

.  5 

9 

_  4 

33 

4 

32 

4 

8 

.  4 

12 

..  5 

7 

.  4 

15 

4 

4 

.  4 

4 

.  4 

4 

.  4 

5 

..  4 

6 

4 

5 

..  18 

1 

.  4 

7 

_  4 

7 

.  4 

15 

_  4 

17 

.  4 

15 

70 


CONSTITUTION  OF  THE 


Legislature — Continued.  Art. 

Members  of,  entitled  to  one  copy  of  laws,  journals,  etc. _ _ _ _  4 

Not  to  receive  books,  newspapers,  or  other  perquisites,  etc. _ _ _  4 

Not  to  be  interested  in  contracts,  etc. _ _ _ _ _  4 

In  elections  in,  votes  to  be  viva  voce _ _ _  4 

To  sit  with  open  doors,  unless  secrecy  required,  etc. _ _ _ _ _ _  4 

Bills  may  originate  in  either  house _ _ _ _ _  4 

Bills  and  resolutions,  how  passed _ _ _ _ _ _ _  4 

To  be  approved  by  governor _  _ _  _ _ _  4 

Vetoed,  proceedings  on _ _ _ _ _ _  4 

Postage  on  matter  received  may  be  paid,  but  not  on  matter  mailed _  4 

Not  to  grant  extra  compensation,  etc _ _ _ _ _ _ _  4 

To  prescribe  manner  of  state  printing _ _ _ _ _ _  4 

To  provide  for  letting  contract  for  fuel,  printing,  binding,  etc _  4 

Not  to  rescind  contracts,  nor  release  contractors _ _ _  4 

Not  to  authorize  conveyances  by  special  law... _ _ _ _ _  4 

Not  to  vacate  certain  streets  or  highways _ _ _ _ _  4 

May  authorize  chaplain  for  state  prison _ _ _ _  4 

Not  to  appropriate  money  for  religious  services,  etc - - -  4 

Not  to  grant  divorces _ _ _ _ _  4 

Not  to  authorize  lotteries _  _  4 

Not  to  audit  private  claims _ _ _ _ _  4 

Not  to  establish  state  paper _ _ _ _ _  4 

To  provide  for  publication  of  the  laws  _ _ _ _ _ _ _ _  4 

May  declare  causes  of  vacancy  in  office _ _ _ _ _  4 

And  provide  for  filling  same _ _ _  _ _ _  4 

May  confer  power  of  local  legislation _ _ _  _ _  4 

Not  to  interfere  with  matters  of  religion _ _ _  4 

Not  to  appropriate  money  to  religious  sects  or  seminaries . . . . .  4 

Not  to  affect  civil  or  political  rights  on  account  of  religious  belief _ _  4 

Not  to  abridge  freedom  of  speech  or  press _ 4 

To  pass  no  bill  of  attainder  or  ^.v  post  facto  law _ _ _ _  4 

Nor  law  impairing  obligation  of  contracts _ _ _ _ 1... _ _  4 

May  authorize  trial  by'  jury  of  less  than  twelve  . . . . . . . . .  4 

May  provide  for  the  laying  out  county  and  township  roads . . . . . . . .  4 

To  decide  tie  on  election  of  state  officers . . . . . . . . .  8 

To  provide  for  removals  from  office . . . . . . .  12 

May  authorize  city  of  Grand  Rapids  to  improve  Grand  river _ _ _  14 

Each  house.  See  House  of  Representatives  and  Senate. 

Liability,  of  officers  and  stockholders  of  banking  corporations _ 15 

Of  stockholders  of  corporations  and  joint  stock  companies _ 15 

Libel,  truth  and  good  motives,  a  defense . . . . . . . . . .  6 

Liberty  of  speech  and  press,  not  to  be  abridged _ _ _ _ _ _ _  4 

Library,  to  be  established  in  each  township . . . . .  13 

Lieutenant  Governor,  term  of  office  of . . . . . . .  5 

Election  of,  when  to  take  place _ _ _ _ _ _ _ _ _  5 

When  elected  by  the  legislature  . . . . . . . . . . .  5 

Not  eligible  to  other  office.. _ _ _ _ _ _ _ _  5 

When  to  act  as  governor . . . . . . . . .  5 

To  be  president  of  senate . . . . . . . . .  5 

May  debate  in  committee  of  the  whole . . . . . . .  5 

To  give  casting  vote  in  case  of  a  tie . . . . .  5 

Compensation  of,  when  acting  as  governor . . . . . . .  5 

Life,  Liberty,  Property,  no  one  to  be  deprived  of  without  due  process  of  law . .  6 

Lotteries,  and  sale  of  tickets  of,  not  to  be  permitted . . . . . .  4 

Majority,  of  each  house  a  quorum . . . .  .  4 

Malfeasance,  misfeasance  in  office,  when  governor  to  remove  for . . . . .  12 

Married  Men,  alienation  of  land  by,  when  void... . . . . . .  16 

Married  Women,  right  of  property  of . . . . .  16 

Mechanical  Trades,  what  not  to  be  taught  in  state  prison,  etc . . .  18 

Meeting  of  Legislature,  when  and  where . .  . . . .  4 

Members  of  Legislature.  See  Representatives  and  Senators. 

Michigan,  boundaries  of .  1 

Militia,  governor  commander-in-chief  of . 5 

Of  whom  composed,  exemption . . . . . . . . . .  17 

Organizing,  equipping,  etc . 17 


Sec. 

15 

15 

22 

11 

12 

13 

19 

14 

14 

16 

21 

22 

22 

22 

23 

23 

24 

24 

26 

27 

31 

35 

36 

37 

38 

39 

40 

41 

42 

43 

43 

46 

49 

5 

7 

9 

3 

25 

42 

1 

1 

3 

3 

16 

12 

14 

14 

14 

17 

32 

27 

8 

8 

2 

5 

3 

33 

1 

4 

1 

2 


STATE  OF  MICHIGAN. 


71 


Militia —  Continued. 

Officers  of.  appointment,  commissions _ _ _ 

Military  Power,  subject  to  civil  power _ 

Mining  Companies,  legislature  may  modify  charters  of _ 

Municipal  Courts  may  be  established _ 

Navigable  Streams,  bridging- and  damming. _ _ 

State  maj'  improve _ _ _ 

Rights  of  navigation  of,  not  to  be  prejudiced _ 

Nominations  to  Senate,  votes  on,  how  taken,  to  be  entered,  etc. _ 

Normal  School.  See  Board  of  Education. 

Oath  of  Office,  when  and  by  whom  to  be  taken _ 

Obligation  of  Contracts,  laws  shall  not  impair _ 

Office,  dueling  disqualifies  for _  _ 

Collector,  holder,  disburser  of  public  money,  ineligible  to,  when _ 

Legislature  to  declare  cases  in  which,  become  vacant _  _ 

Also  manner  of  filling _ _ _ _ _ 

Removals  from.  See  Removal  from  Office. 

Officers,  each  house  to  choose  its  own _ _ _ 

To  be  commissioned  by  governor,  when _ _ _ 

Of  state.  See  State  Officers. 

Of  counties.  See  County  Officers. 

Of  townships _ _ _ 

Pardons,  governor  ma.y  grant,  except  for  treason  and  on  impeachment _ 

Governor  to  report  pardons  granted _ _ _ 

Penalties,  may  be  prescribed  for  absence  of  members  of  the  legislature... 

Perquisites  of  office  prohibited  to  state  officers _ _ _ 

Petition,  right  of,  assured _ _ _ 

Postage,  payment  of,  on  matter  received  by  members  of  the  legislature _ 

Powers  of  Government,  how  divided _ _ _ _ _ 

Of  one  department  not  to  be  exercised  by  another _ _ 

President  of  Senate,  lieutenant  governor  to  be _ _ _ 

Compensation  of _ _ _ i _ 

President  pro  tem.  of  Senate,  when  to  act  as  governor _ _ _ _ 

Compensation  when  so  acting _ _ _ 

Primary  Schools,  free  system  to  be  provided  for _ _ _ 

Instruction  to  be  in  English  language _ 

Each  district  to  maintain  school  three  months,  etc. _ 

Districts  neglecting  to  maintain,  to  be  deprived  of  public  funds,  etc. 

Printing  and  Binding,  manner  of  executing  printing,  etc. . . . 

Contracts  for  printing  and  binding  to  be  let,  etc - 

Members  of  legislature  not  to  be  interested  in _ 

Not  to  be  altered,  rescinded  or  released _ 

Private  Property,  taken  for  public  use,  compensation  for _ 

When  taken,  just  compensation  to  be  made _ _ ' _ 

In  cities  and  villages _ _ _ 

Necessity  for  taking,  and  compensation,  how  determined _ _ _ 

Private  Roads,  proceedings  in  opening  of _ _ _ _ _ 

Process,  style  of _ _ _ _ _ _ _ _ 

Probate  Court,  judicial  power  in _ _ _ _ _ _ _ _ _ 

Is  a  court  of  record,  and  to  have  seal _ _ _ _ _ _ _ 

To  be  organized  in  each  county . . . . . 

Jurisdiction  to  be  prescribed  by  law _ _ _ _ _ 

Judge  to  elected  for  four  years . . . . . 

First  and  subsequent  elections,  when  to  be  held _ _ _ 

Removal  of  judge  from  county  vacates  office _ 

Vacancy  in  office,  how  filled _ _ _ _ _ 

Judge  to  hold  office  at  county  seat _ _ _ _ 

Property,  taking  of.  See  Private  Property. 

Protest — Dissent,  of  members,  when  to  be  entered  on  journal _ 

Publication  of  Laws,  in  newspapers _ _ 

Speedy,  to  be  provided  for . . . . . . . 

Of  judicial  decisions... . . . . . 

Of  laws  and  decisions  free  to  all _ _ _ _ 

Public  Money,  receipts  and  expenditures  of,  to  be  published . 

Public  Use— Improvements. 

Property  taken  for,  to  be  compensated  _ _ _ _ _ 


Art. 
..  17 
..  18 
..  19 
..  6 
..  18 
..  18 
..  18 
..  4 

..  18 
..  4 
..  7 
4 

..  4 
..  4 

__  4 
..  5 


11 

5 

5 

4 

9 

18 


3 

3 
5 

4 

5 
5 

13 

13 

13 

13 


4 

4 

15 

18 

15 

18 

18 

6 

6 

6 

6 

6 

6 

6 

6 

6 

10 

4 

4 

4 

4 

4 

18 

15 


Sec. 

3 
8 
9 

1 

4 
4 
4 

11 

1 

43 

8 

30 

37 

37 


9 

19 


1 

11 

11 

8 

1 

10 

16 

1 

2 

14 
17 

13 
17 

15 

4 

5 
5 

22 

22 

22 

22 

9 

14 

15 
2 

14 
35 

1 

15 
13 
13 

13 
21 
22 

14 

4 

10 

35 

36 
36 
36 

5 

9 


72 


CONSITUTION  OF  THE 


Public  Use — Improvements — Continued.  Art.  Sec. 

Just  compensation  to  be  made  for _ 18  14 

In  cities  and  villages  . . 15  15 

Necessity  and  compensation  for,  how  determined . __ . .  18  2 

Punishments,  cruel  and  unusual  not  to  be  inflicted _ 6  31 

Quorum,  a  majority  of  each  house  makes _ _ _ .  _ _ _  4  8 

Railroads,  legislature  may  regulate,  etc _ _ _ _ _ 19a  1 

Consolidation  prohibited  in  certain  cases _ _ _ _ _  19a  2 

Reconsideration,  of  bills  vetoed,  proceedings,  etc. _ _ 4  14 

Records  and  judicial  proceedings,  to  be  in  the  English  language _ 18  6 

Regents  of  the  University,  when  elected _ _ _ 13  6 

Term  of  office  of  _ _ 13  6 

Vacancies,  how  filled., _ _ 13  6 

To  constitute  the  board  of  regents _ 13  6 

To  be  a  body  corporate _ _ 13  7 

To  elect  a  president  of  the  university _ _  13  8 

President  to  be  a  member  and  president  of  board _  13  8 

Also  principal  executive  officer  of  the  university _ _ 13  8 

Board  to  have  general  supervision  of  the  university,  etc. _ 13  8 

Board  to  have  control  of  expenditures _ 13  8 

Supervision  of  agricultural  school  may  be  given  to  board  _ _ 13  11 

Religious  Services,  no  pa3’ment  for,  in  either  house _ 4  24 

Religious  Opinions,  Belief,  etc.,  rights,  privileges  and  capacities  of  persons  not  to  be 

diminished  or  enlarged  on  account  of _ 4  41 

Not  to  affect  competency  of  witnesses _ 6  34 

Religious  Sects,  Seminaries,  state  not  to  make  appropriations  for  _ _ 4  40 

Religious  Worship  and  teachings,  legislature  not  to  interfere  with  or  require  support  of..  4  39 

Removals  from  Office,  of  judges,  by  governor  and  senate,  when _ 12  6 

For  malfeasance,  misfeasance,  corruption,  etc.,  by  governor,  when . . . 12  8 

Legislature  to  provide  for,  of  county,  town,  and  school  officers,  etc... . . 12  7 

Reporter,  supreme  court  may  appoint _ _ 6  10 

Representatives,  must  be  citizens  and  electors _ _ 4  5 

Election  of,  by  districts _ 4  3 

Term  of  office _ 4  3 

Compensation _ _ 4  15 

Office-holder  not  eligible  as _  4  6 

Removal  from  district  vacates  office... _ _ 4  5 

Expulsion  of,  how  made,  etc. _ 4  9 

Exempt  from  arrest,  except,  etc.... _ 4  7 

From  civil  process,  when _ 4  7 

Not  to  be  questioned  for  speech  in  debate . 4  7 

Attendance  may  be  compelled _ _ _ 4  8 

Entitled  to  copy  of  laws,  journals,  etc. _ 4  15 

To  papers,  stationery,  etc _ 4  15 

No  other  books,  perquisites,  etc. _ 4  15 

Vacancy  filled  by  election,  etc . 5  10 

Representatives,  House  of.  See  House  of  Representatives. 

Representative  Districts,  how  formed _ _ _ 4  3 

Not  to  be  altered,  except  when _ _ _ 4  4 

Reapportionment,  wheifl  to  be  made _ _ _ _ _ _  .  _ _  4  4 

First  apportionment  under  constitution . .  . . . Sched.  27 

Reprieves.  See  Pardons. 

Residence  of  electors _ 7  1 

Not  gained  or  lost  when  in  state  service,  etc. . . 7  5 

Soldiers,  seamen,  marines,  do  not  gain,  etc _ 7  7 

Revision  of  Constitution,  when  may  be  voted  on,  etc . . . 20  2 

General  revision  of  the  laws  prohibited . 18  15 

Roads.  See  Highways ,  Highways  and  Bridges,  Private  Roads. 

Rules  of  Proceedings,  each  house  to  prescribe  for  itself . . 4  9 

Salaries,  of  state  officers,  circuit  judges,  etc . 9  1 

Legislature  not  to  increase  or  diminish .  9  1 

Sale,  Conveyance,  of  lands,  not  to  be  authorized  by  special  law _ 4  23 

Salt  Spring  Lands,  application  of . 13  11 

Scientific  Improvement,  to  be  promoted . 13  11 

Script,  evidence  of  debt,  state  not  to  issue,  except,  etc.. . . 14  7 

Searches  and  Seizures,  unreasonable,  prohibited .  6  26 


STATE  OF  MICHIGAN. 


73 


Art.  Sec. 

Seal  of  State,  to  be  kept  by  secretary  of _ _ 5  18 

Seat  of  Government,  at  Lansing- _ 2  1 

School.  See  Primary ,  Normal ,  Agricultural  Schools. 

Secretary  of  State,  to  keep  seal  of  state . - . . .  5  18 

When  elected,  term  of  office .  8  1 

Term  to  commence,  when .  8  2 

'I'o  keep  office  at  seat  of  government .  8  1 

Salary  of ,  no  fees  or  perquisites . . . - . - .  9  1 

To  be  member  of  board  of  state  auditors... . 8  4 

To  be  member  of  board  of  state  canvassers  . . . . - . . .  8  4 

Vacancy  in  office  of,  how  filled . 8  3 

Governor  may  remove,  when . 12  8 

To  appoint  successor,  when . 12  8 

Senate,  number  of  members  and  formation  of  districts . 4  2 

Rearrangement  of  districts,  etc . 4  7 

Qualifications  of  members  of ,  etc . 4  5 

Who  ineligible  to  membership  in . 4  6 

Members  of,  privileged  from  arrest,  etc .  4  7 

Quorum,  adjournments,  attendance,  etc .  4  8 

Rules  of  proceedings,  expulsion  of  members,  etc . 4  9 

Journal  of  proceedings,  yeas  and  nays, etc . 4  10 

Votes  on  nominations,  etc . 4  11 

Opening  of  doors,  adjournments,  etc . 4  12 

General  provisions  relating  to . 4  13-48 

To  try  impeachments . 12  2 

Senators,  must  be  citizens  and  electors . 4  S 

Election  of,  by  districts . - . 4  2 

Term  of  office . 4  2 

Compensation  of . 4  15 

Office-holder  not  eligible  as . 4  6 

Removal  from  district  vacates  office . 4  5 

May  be  expelled,  etc . 4  9 

Exempt  from  arrests  in  certain  cases .  4  7 

Not  subject  to  civil  process  for  certain  time . 4  7 

Not  to  be  questioned  for  speech  in  debate . 4  7 

Attendance  may  be  compelled . 4  8 

Entitled  to  copy  of  laws,  journals,  etc . . 4  15 

To  papers,  stationery,  etc . 4  15 

To  no  other  books,  perquisites,  etc . 4  15 

Vacancy  filled  by  election,  etc .  5  10 

Senate  Districts,  how  formed,  number  of,  etc . 4  2 

Rearrangement  of,  when  to  be  made . 4  4 

First  division  of  state  into  . . Sched.  27 

Sheriff,  limit  as  to  holding  office . 10  5 

To  hold  no  other  office .  10  5 

To  renew  security,  when .  10  5 

Vacancy  for  failure  to  renew . 10  5 

County  not  liable  for  acts  of .  10  5 

Sinking  Fund,  provision  for,  object  of,  etc . 14  2 

Slavery,  prohibition  of. . 18  11 

Soldiers,  may  vote  in  army,  etc . 7  l 

Not  to  be  quartered  in  private  houses,  etc . 18  9 

Speaker  of  House,  compensation  of . 4  17 

Specie  Payments,  suspension  of,  not  to  be  authorized . 15  6 

Speech,  freedom  of,  not  to  be  restrained . . 4  43 

Members  of  legislature  not  to  be  questioned  for . 4  7 

Specific  State  Taxes,  how  applied .  14  1 

State  to  provide  for,  and  continue  to  collect . . 14  10 

State,  credit  of,  not  to  be  granted  to  any  person,  corporation,  etc .  14  6 

Scrip,  evidence  of  debt,  not  to  be  issued  except  in  certain  cases— .  14  7 

Not  to  subscribe  to  stocks,  etc . . . 14  8 

Not  to  engage  in  internal  improvement,  except .  14  9 

May  impose  and  collect  specific  taxes . 14  10 

Claims  against,  how  adjusted .  8  4 

State  Auditors.  See  Board  of  State  Auditors. 

10 


74 


CONSTITUTION  OF  THE 


State  Canvass — Canvassers.  See  Board  of  State  Canvassers.  Art.  Sec. 

State  Indebtedness,  interest  on .  14  1 

Application  of  specific  taxes  to . 14  1 

Of  annual  state  tax  for  interest  on,  etc . 14  T 

Sinking-  fund  for . 14  2 

U nf unded  debt,  rate  payable  at . 14  2 

May  be  contracted  to  meet  deficits . 14  3 

To  what  amount . 14  •  3 

May  be  incurred  to  repel  invasion . . . . .  14  4 

State  Officers,  when  elected . 8  1 

Canvass  of  election,  returns  of . 8  4 

Terms  of  office  of . 8  1 

Terms  of  office,  when  to  commence . 8  2 

To  keep  office  at  seat  of  government . 8  1 

Salaries  of . - . . . . .  9  1 

To  receive  no  fees  or  perquisites . 9  1 

Vacancies  in,  governor  to  fill . 8  3 

Governor  to  examine  into  administration  of . 11  8 

To  remove  when . 11  8 

To  supply  vacancies  caused  by  removal . 11  8 

State  Treasurer,  when  elected,  term  of  office . 8  1 

Term  to  commence,  when  . . 8  2 

To  keep  office  at  seat  of  government . 8  1 

Salar}'  of,  no  fees  or  perquisites . . 9  1 

Member  of  board  of  state  auditors . . .  . - . -  8  4 

Of  board  of  state  canvassers . 8  4 

Vacancy  in  office,  how  filled . 8  3 

When  governor  to  remove  and  appoint  successor .  12  8 

State  Treasury,  how  money  drawn  from . 14  5 

State  Paper,  not  to  be  established _ _ _ _ _ _  4  35 

State  Prison,  chaplain  for _ _ _ _ _ _  4  24 

What  mechanical  trades  may  be  taught  in _ 18  3 

May  be  transferred  to  upper  peninsula _  19  8 

Stationery,  paper,  etc.,  what  amount  allowed  members  for _ 4  15 

Statutes,  in  force  at  adoption  of  constitution  not  repugnant,  retained  . . ...Sched.  1 

Stock,  of  companies,  state  not  to  subscribe  to... _ 14  8 

Stockholders,  of  banking  associations,  liability . 15  3 

Of  corporations,  etc.,  liable  for  labor,  etc _ _ _ 15  7 

Streets,  when  legislature  not  to  vacate _ _  4  23 

Suitors,  in  court,  may  appear  in  person  or  by  attorney,  etc - 6  24  ♦ 

Superintendent  of  Public  Instruction,  when  elected _ 8  1 

Term  of  office _ 8  1 

Term  to  commence,  when . 8  2 

To  keep  office  at  seat  of  government _ 8  1 

Salary  of,  no  fees  or  perquisites _ _ 9  1 

To  have  general  supervision  of  public  instruction _ 13  1 

Member  of  board  of  education . . 13  9 

Vacancy  in  office,  how  filled . 8  3 

When  governor  may  remove  and  appoint  successor _ 12  8 

Supervisors.  See  Board  of  Supervisors. 

Election  of _ _ 11  1 

Supreme  Court,  judicial  power  vested  in.. . 6  1 

To  be  court  of  record  and  have  a  seal...  _ _ 6  15 

Judges  of,  for  first  six  years _ _ 6  2 

Number  of  judges  to  concur  in  decisions . . 6  2 

Organization  of  after  six  years _ _ 6  2 

Jurisdiction  of  . . . 6  2 

Original  and  appellate _ 6  3 

How  constituted . . . 6  2 

Terms  of . 6  4 

To  regulate  practice  in  by  general  rules,  etc . 6  5 

Practice  in  circuit  courts . 6  5 

May  prescribe  by  rule  jurisdiction  of  circuit  courts . 6  8 

To  appoint  a  clerk . . 6  12 

A  reporter . 6  10 

Decisions  to  be  in  writing,  etc . 6  10 


STATE  OF  MICHIGAN. 


75 


Akt.  Sec. 

Taxes— Taxation,  uniform  rule  for  except  on  certain  property... _ 14  11 

On  what  property  to  be  levied... _ _ 14  11 

Assessments,  at  cash  value _ _ 14  12 

Equalization  by  state  board... _ _ _ 14  13 

Laws  imposing-,  to  state  tax  and  object _ «. -  14  14 

Power  of,  to  be  limited  in  cities  and  villag-es _ 15  13 

Specific  in  upper  peninsula,  disposition  of _ 19  7 

Terms  of  Office,  commencement  of _ _ _ _ _ _ _ Sched.  28 

Tests,  Qualifications,  for  office,  what  required  or  permitted _  18  1 

Title  of  Acts,  to  express  object,  etc _  4  20 

Townships,  officers  elected,  when _  11  1 

Are  bodies  corporate _ 11  2 

May  be  org-anized  by  boards  of  supervisors _ 10  11 

Powers  of,  suits  by  and  ag-ainst _ _ 11  2 

What  powers  may  be  conferred _ _ 4  38 

Township  Libraries,  to  be  established _ _ _  ..  13  12 

Fines  to  be  applied  to  support  of _ 13  12 

Township  Roads,  legislature  may  provide  for  the  laying-  out  of  _ _  4  49 

Treason  ag-ainst  the  state,  what  constitutes,  etc.. _ _  6  30 

Conviction  for,  when  may  be  had,  etc.. _ 6  30 

Governor  may  suspend  execution  of  sentence _  5  11 

Legislature  may  pardon,  etc. _  5  11 

Trial  by  Jury,  right  of  retained _ 6  27 

When  deemed  waived _ . _  6  27 

In  criminal  cases _  6  28 

Of  less  than  twelve  may  be  authorized _ _  4  46 

University  of  Michigan.  See  Regents  of  the  University. 

Board  of  regents  to  have  supervision  of _ 13  8 

President  chief  executive  officer  of _ 13  8 

Agricultural  school  may  be  united  to _ 13  11 

Upper  Peninsula,  at  adoption  of  constitution. 

A  separate  judicial  district _ _ 19  1 

One  senator,  three  representatives _ 19  4 

District  judge _ 19  2 

District  attorney _ 19  3 

Salary  of  judge  and  attorney _  19  5 

Attached  to  third  circuit  for  election  of  regents _ Sched.  25 

Offices  of  judge  and  attorney,  authorized  to  be  abolished,  when _ Sched.  25 

Upper  Peninsula: 

Number  of  senators  and  representatives _  19  4 

Extra  compensation  to _ 19  5 

Elections  and  canvass,  when _  19  6 

Taxes  raised,  how  disposed  of  _ _ 19  7 

Mining  companies,  charters  may  be  regulated _ 19  9 

Vacancies  in  Office,  declaring,  filling _  4  37 

Of  governor,  lieutenant  governor  acts.. _ _ 5  12 

Of  lieutenant  governor,  president  pro  tem.  of  senate  acts _  5  13 

Of  senator,  filled  b3r  election _ 5  iq 

Of  representatives,  filled  by  election  _ _ 5  io 

Of  county  officers,  filled  by  election.. _ _ _ 10  5 

Of  judge  of  supreme  court,  governor  appoints _ 6  14 

Of  circuit  judge,  governor  appoints _ 6  14 

Of  judge  of  probate,  governor  appoints  _ .  _ 6  (14 

Of  state  officers,  governor  appoints _ _ 8  j  3 

Caused  by  removal  governor  appoints _ 12  /  8 

Of  regents,  governor  appoints . 13  J  6 

Of  county  clerk,  circuit  judge  may  fill _ 6  /  10 

Of  prosecuting  attorney,  circuit  judge  may  fill _ 6  j  10 

Vacancy  during  proceedings  to  impeach _ _ 12  j  4 

How  supplied _ 12  /  3 

Removal  of  judge  or  justice  from  his  jurisdiction  creates,  etc _ _  6  )  22 

Justice  of  the  peace  elected  to  fill,  holds  for  residue  of  term _ _ 6  /  17 

Villages,  incorporation  of _ _ _ _ _ _ _ _  15/  13 

Powers  of  taxation,  borrowing  money  and  loaning  credit  to  be  restricted _ 1 _ 15  13 

Judicial  officers  of,  to  be  elected _  15  14 


3  0112  098430942 


76  CONSTITUTION  OF  THE  STATE  OF  MICHIGAN. 


Villages — Continued. 

Other  officers,  elected  or  appointed _ _ _ 

Private  property  taken  for,  compensation,  etc . . 

Value,  how  determined _ _ _ 

Alteration  of  charter,  notice  to  be  given  of _ _ 

Voters,  qualifications  of . . . . . 

Votes  in  Legislature,  when  to  be  viva  voce  . . . 

Warrants,  for  search  and  seizures  to  be  supported  by  oath 
Witnesses,  competency  of,  not  affected  by  religious  belief  . 

Accused  to  be  confronted  by _ _ _ _ 

To  have  process  for . . . . . 

Not  to  be  unreasonably  detained . . . . . 

Yeas  and  Nays,  when  to  be  entered  on  journal . 

Votes  on  nomination  to  senate  to  be  made  by _ 

On  reconsideration  of  bills  vetoed _ _ _ 

On  passage  of  bills . . . . 

On  amendments  to  constitution . . . 


Of  m 
°ECS-  1930  ‘ 
UNIVEH8 ii  y  0F 


Art.  Sec. 
..  15  14 

..  15  15 

..  15  15 

..  15  16 

..7  1 

..4  11 

..6  26 

..6  34 

..6  28 

..6  28 

..6  31 

..  4  10 

..  4  11 

..  4  14 

..  4  18 

..  20  1 


